Rep. Matt Gaetz of Florida on Thursday accused federal firearms regulators of illegally harassing a Florida gun dealer because he dared to speak out about the draconian methods employed by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to a press release issued by the Republican congressman’s office on Thursday, ATF agents broke federal gun laws by demanding that Chris Smith, owner of Gulf Coast Gun in Milton, Florida, explain why he had not used a federal license to manufacture guns after receiving the permit six months ago.
Smith testified in June at Gaetz’s “field hearing” on the ATF in Florida. He and other witnesses complained about the ATF’s “zero tolerance” policy, which they saw as an attempt to force them out of business by finding minute record-keeping errors.
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In a letter to ATF Director Steven Dettelbach, the Fort Walton Beach Republican noted that Smith has been a federally authorized gun dealer for years with no issues. ATF agents visited Smith on Wednesday, and “aggressively targeted and harassed” him in an “alleged” violation of federal law, Gaetz said.
The issue was his manufacturer’s license.
“Given Chris has not yet used the license, the agents had nothing to inspect and had no choice but to leave” his store, Gaetz wrote. “The local ATF agent admitted that he had no records Chris was using the license, but nevertheless received a direct order to audit Chris’ new license.”
This, Gaetz added, violated the 1986 Firearm Owners Protection Act. The law prohibits the ATF from inspecting the inventory and records of a licensed dealer more than once within 12 months, unless agents have “reasonable cause or (a) warrant.”
The ATF had already inspected Smith’s retail operation within the last year, Gaetz noted. Federal law treats dealers who also manufacture guns as the same business.
“It follows that given the ATF is forbidden from auditing the same business twice in one year, the only excuse the ATF had to harass Chris further was to audit a new, unused manufacturer’s license,” Gaetz wrote.
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“The ATF’s harassment of law-abiding FFLs [Federal Firearms Licensees] is clear and documented. Furthermore, the implication that the ATF may be retaliating against congressional whistleblowers in response to their lawful actions before Congress is astounding,” Gaetz wrote.
Gaetz then demanded that Dettlebach explain, among other things, why the ATF decided to inspect Smith’s new license and who within the agency decided to audit the unused license of a congressional whistleblower after giving his testimony.
As the Tampa Free Press has reported earlier this year, Gaetz has battled the ATF and Dettlebach over the agency’s heavy-handedness.
The congressman called for defunding the agency in April after its inspector general reported that “thousands” of guns, gun parts, and ammunition had been stolen from one of its facilities, even as the ATF was cracking down on licensed dealers.
Gaetz also demanded that Dettlebach’s salary be defunded because the agency was abusing its lawful power to further President Joe Biden’s “radical, anti-Second Amendment” agenda.
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