Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Update on Operation Choke Point: Evidence Mounts of Government Policy

Friday, May 23, 2014

Earlier this month, we reported on concerns being raised by the activities of federal banking regulators under the umbrella of Operation Choke Point.  Many have claimed the regulators are using their ratings and enforcement authorities to intimidate banks into refusing or severing business relationships with lawful, though politically-disfavored, industries, including those involved with firearms and ammunition. As we noted in our report, we are aware of situations in which banks have refused or severed relationships with customers in the firearm industry, but the reasons underlying these decisions were often disputed (with the banks claiming one thing and the customer another).  At the time of that report, we were unaware of a “smoking gun” to tie these decisions back to pressure from regulatory authorities.

That may be changing.  The Washington Times has been running a series on the controversy, and a recent piece explained that the Federal Deposit Insurance Corp. (FDIC), an independent federal entity that ensures bank deposits, has for the last several years been urging banks to take a more active role in policing the activities of the banks’ customers.  As part of this effort, the FDIC published a list of merchants engaged in so-called “high risk” activities that it claimed should be of concern to banks.  That list is still available on the FDIC’s website.  Moreover, NRA has received a copy of a PowerPoint presentation from an Examiner Education workshop conducted by officials from the FDIC, Department of Justice, and Office of Comptroller of the Treasury that also lists “Ammunition Sales” and “Firearms/Fireworks Sales” as “High Risk Merchants/Activities.”  One of the presenters verified the authenticity of that document.

A number of questions remain, however.  First is why firearm and ammunition sales, already among the nation’s most heavily-regulated and scrutinized consumer activity, would be considered a financial risk to banks or consumers, especially considering the robust economic activity in that sector over the last several years.  Evidence of pervasive consumer fraud or bank failures attributable to firearm-related businesses is non-existent.  

The Times story and the FDIC website, however, provide a clue with mentions of “reputational risk” to banks.  As one banking website put it, “some of the merchant categories listed as ‘high risk’ are obvious choices.  ‘Debt consolidation scams’ and ‘Ponzi schemes,’ for instance, should be unbankable, while others seem to be there simply because they're icky ….”  In other words, regulators may be pressuring banks to consider not just the financial soundness of their business relationships but whether the nature of certain legal businesses could be considered (by the regulators or other persons of influence) personally or politically objectionable.

Examples continue to mount, of businesses that have either lost existing banking relationships or been refused new ones based not on their creditworthiness or business performance but on vague references to the “industry” in which they operate.  In some cases, the bank has even explicitly noted that the individual business was not to blame.  Needless to say, nothing could be more un-American than lawfully- operated private businesses being forced out of the market without reference to any individual wrongdoing or mismanagement, merely on the whim of government regulators who find them distasteful. 

Fortunately, a number of Congressional representatives -- notably Rep. Blaine Luetkemyer (R-MO), who on Wednesday appeared on the Cam & Co. radio show to provide an update -- continue to investigate these allegations of regulatory abuse and are keeping all their options on the table. 

The NRA is also keeping all options on the table as details emerge, and will continue to pursue this story and work with members of Congress and affected parties to obtain answers and seek solutions.  The efforts of the Obama Administration to impose its vision of a "fundamentally transformed" America have already fallen hard on those who value the Second Amendment, and some fear this could be yet another example of his "phone and pen" style of imperial governance.

TRENDING NOW
Reported ATF Email Sparks Concerns of Braced Pistol Crackdown

News  

Monday, January 13, 2025

Reported ATF Email Sparks Concerns of Braced Pistol Crackdown

On Friday, Gun Owners of America published an email reportedly received by one of its members in response to a question to ATF about whether adding a brace to a CZ Scorpion pistol would convert ...

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

News  

Monday, January 13, 2025

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

Last Monday, the U.S. Court of Appeals for the Fifth Circuit – which encompasses Louisiana, Mississippi, and Texas – reversed the conviction of a man under a federal law that prohibits firearm possession by one ...

Illinois: Gun Seizure Mandate Passes House, Headed to Governor's Desk

Wednesday, January 8, 2025

Illinois: Gun Seizure Mandate Passes House, Headed to Governor's Desk

Last night, HB 4144 passed the Illinois House by a vote of 80-33 in the final hours of the General Assembly’s lame duck session. It now goes to the Governor for his signature.

Colorado: Semi-Auto Ban Introduced on First Day of Session

Thursday, January 9, 2025

Colorado: Semi-Auto Ban Introduced on First Day of Session

Without skipping a beat, anti-gun legislators in Colorado have introduced a near all-encompassing ban on semi-automatic firearms on the first day of the legislative session.

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

News  

Wednesday, January 8, 2025

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

Dear NRA Member: U.S. Representative Richard Hudson (R-NC) has reintroduced the Constitutional Concealed Carry Reciprocity Act (H.R. 38). Representative Hudson, the longstanding champion of this legislation, along with more than 120 of his colleagues have ...

Washington: Gun-Free Zone Bill Scheduled for Hearing Tuesday

Friday, January 10, 2025

Washington: Gun-Free Zone Bill Scheduled for Hearing Tuesday

The Washington State legislature is wasting no time in their efforts to erode your Second Amendment rights. The legislature will convene the 2025 session on Monday and has already scheduled a committee hearing for a "gun-free" zone ...

NYC’s Subway System: Sensitive Place? No. Senseless Violence? Yes.

News  

Monday, January 13, 2025

NYC’s Subway System: Sensitive Place? No. Senseless Violence? Yes.

In the 2008 District of Columbia v. Heller U.S. Supreme Court decision, Justice Antonin Scalia contemplated potential location restrictions governments could impose on the exercise of Second Amendment rights.

Good News, Bad News on ATF Director Dettelbach

News  

Monday, January 6, 2025

Good News, Bad News on ATF Director Dettelbach

It’s really just good news to report that Joe Biden’s director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Steven Dettelbach, has announced his resignation.  

Interest in Firearms Training Increasing in Finland

News  

Monday, January 13, 2025

Interest in Firearms Training Increasing in Finland

Finland is not great when it comes to regulating guns.  Like most of Europe, there are a great many restrictions, such as permit, registration, training, and storage requirements, as well as limitations on the types ...

The Great Canadian Gun Grab – The End is Near?

News  

Monday, January 6, 2025

The Great Canadian Gun Grab – The End is Near?

As we noted in a previous alert, in early December Canada’s governing Liberal Party announced 324 more models and “variants” of firearms had been added to the list of banned “military grade assault weapons” initially ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.