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When I was still with ATF, there was one kitchen table dealer that hadn’t been inspected in over 28 years, since his license was issued. They finally did an inspection and almost every handgun transfer he did was wrong. They were concerned that he might have been intentionally trying to break the law and asked me to look into the circumstances. I took one look and it was clear that this guy had no intent to break any rules, he was just an old guy making a few extra bucks to support his hobby. I worked with the IOI’s often and they were great and we were pretty much on the same page but due to the number of guns not properly accounted for they had to submit everything up to their supervision. I talked with the area supervisor after he found out that I was not recommending any criminal investigation and told them flat out that part of a regulator’s job was to help those that they regulate succeed at her regulated activity. If they couldn’t see fit to inspect this guy at all in 28 years then clearly they dropped the ball as well as the FFL. There was no intent to violate the law and there would be no referral for criminal prosecution. There are absolutely dirty FFLs out there, and they deserve whatever actions befall them. However the vast majority mean well' don’t intend to harm anyone and should be helped to succeed not crucified for making unintentional mistakes. I’m very glad that ATF is back on a better track with relationship to the industry and hope that things continue to improve. “It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.” | |||
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The Ice Cream Man |
I think the issue is combining regulation and enforcement. I work in a heavily regulated industry. Regulators are pretty good about trying to keep people updated on current best practices, etc. They, definitely, are not looking to shut anyone down, without cause, and seem to be aware that the plant is a “customer” of sorts. OSHA can be different - but again, haven’t ran into anyone looking to cause problems. (Sometimes the regs are written by idiots/are wildly out of date/reek of cronyism, but the people themselves are not antagonistic.) ATF does not “need” FFLs to survive. And, there may not be a feeling that what they are doing is vital to the civic interest. In reality, insurance based inspectors would probably be more efficient/cheaper for food and plant safety - but they also might block out small producers even more than the FMSA 2015 tried to - and that’s on Congress, and both parties.) | |||
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