In a significant policy shift, the U.S. Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announced the repeal of the controversial Enhanced Regulatory Enforcement Policy—commonly referred to as the Zero Tolerance Policy. Alongside this repeal, the agencies will also begin reviewing two major firearms regulations: Final Rule 2021R-08F, concerning stabilizing braces, and Final Rule 2022R-17F, which defines what it means to be “engaged in the business” of firearms dealing.
What Was the Zero Tolerance Policy?
Introduced in 2021, the Zero Tolerance Policy was designed to strengthen ATF oversight by setting stricter standards for compliance inspections of Federal Firearms Licensees (FFLs). The policy aimed to crack down on licensees who committed specific violations, such as falsifying records or selling firearms without background checks, by recommending license revocation with little room for leniency.
Critics—including many in the firearms industry and gun rights advocates—argued the policy lacked flexibility and targeted minor or unintentional infractions, potentially jeopardizing the livelihoods of law-abiding gun dealers.
What Changes Now?
Effective immediately, ATF inspectors will no longer operate under the Zero Tolerance Policy framework. The repeal marks a return to a more discretion-based approach when handling violations discovered during compliance inspections.
“This Department of Justice believes that the 2nd Amendment is not a second-class right,” said Attorney General Pamela Bondi. “The prior administration’s ‘Zero Tolerance’ Policy unfairly targeted law-abiding gun owners and created an undue burden on Americans seeking to exercise their constitutional right to bear arms – It ends today.”
Regulatory Reviews on Stabilizing Braces and Firearms Business Definitions
In addition to the policy repeal, DOJ and ATF are launching formal reviews of two significant and hotly debated rules:
- Final Rule 2021R-08F: This rule reclassified certain firearms equipped with stabilizing braces as short-barreled rifles, making them subject to more stringent National Firearms Act (NFA) regulations. Stabilizing braces were originally intended to help disabled shooters fire pistols more safely, but the rule argued that many were using them to circumvent NFA regulations.
- Final Rule 2022R-17F: This rule revised the criteria for what constitutes being “engaged in the business” of dealing firearms. It expanded the scope of who needs an FFL, potentially affecting private individuals selling guns for profit—even on a small or occasional basis.
Acting ATF Director Kash Patel emphasized that the goal of the reviews is to strike a fair and constitutional balance:
“Today’s repeal of the Zero Tolerance Policy and the comprehensive review of stabilizing brace regulations and the definition of ‘engaged in the business’ marks a pivotal step toward restoring fairness and clarity in firearms regulation,” said Patel.
What’s Next?
The DOJ and ATF will now begin an in-depth review process involving input from various stakeholders—ranging from gun rights organizations and firearms industry representatives to constitutional scholars and legal experts. The agencies aim to ensure that any future regulations better reflect constitutional protections, particularly the Second Amendment.
While it’s too early to predict the outcomes of these reviews, the announcements represent a clear pivot in federal firearms oversight. Updates are expected over the coming months, and gun owners, dealers, and advocacy groups alike will be watching closely.
Bottom Line: The federal government is reassessing how it regulates firearms dealers and accessories like stabilizing braces. With the rollback of the Zero Tolerance Policy and potential changes on the horizon, this could signal a broader shift in how firearms laws are enforced in the United States.