October 29, 2020
Last month, attorneys for the Firearms Regulatory Accountability Coalition, Inc. (FRAC) submitted a comment to the U.S. Department of Justice’s (DOJ) Interim Final Rule (IFR) that prohibits the “Issuance of Improper Guidance Documents.” In the comment, FRAC praised the DOJ’s efforts to rein in ATF’s practice of secret, arbitrary and capricious letter rulings and, citing specific examples, urged it to police continued efforts by ATF to circumvent the IFR’s restrictions. One such example involves ATF using their criminal enforcement authority to promote regulatory actions that would otherwise be prohibited by the IFR. FRAC will continue to monitor ATF to ensure it abides by the IFR, President Trump’s executive orders on agency guidance and adjudications, and the Administrative Procedure Act.
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