Senators Katie Britt and Tommy Tubberville have signed onto a joint resolution of disapproval under the Congressional Review Act (CRA) to strike down the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule on the definitions of “Engaged in the Business” as a Dealer in Firearms. This rule ignores the law and congressional intent and flagrantly violates the Constitution to try to require anyone who sells a firearm to register as a federal firearm licensee.
“The Second Amendment is sacred – and Joe Biden doesn’t get to regulate Americans’ right to bear arms, “ said Senator Tuberville. “Once again, the Biden Administration is trying to overregulate the gun industry and take away Americans’ rights. Make no mistake – this is an election year ploy. As long as I’m in the Senate, I’ll fight to make sure Alabamians’ Second Amendment rights are protected.”
According to the ATF, on April 10, 2024, the Attorney General signed ATF’s final rule, Definition of “Engaged in the Business” as a Dealer in Firearms, amending ATF’s regulations in title 27, Code of Federal Regulations (“CFR”), part 478.
“Under this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store: if you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks,” said Attorney General Merrick B. Garland in a statement his office released. “This regulation is a historic step in the Justice Department’s fight against gun violence. It will save lives.”
The joint resolution follows several lawsuits against the rule, including one filed in Kansas that Attorney General Steve Marshall’s office has joined.
Representative Andrew Clyde is leading the resolution in the U.S. House of Representatives. Alabama representatives Robert Aderholt, Gary Palmer, Mike Rogers and Barry Moore, were original co-sponsors of his resolution.
According to Clyde’s office, the resolution is endorsed by national Second Amendment groups Gun Owners of America (GOA), the National Rifle Association (NRA), and the National Shooting Sports Foundation (NSSF).
“With a stroke of the pen, the Biden Administration once again oversteps its authority with this new rule. This regulation threatens to turn tens of thousands of upstanding citizens into criminals for exercising their constitutional rights by selling even a single firearm. The NRA fully supports Senator Cornyn and Representative Clyde’s legislation to invalidate this egregious rule,” said Randy Kozuch, Executive Director of the NRA’s Institute for Legislative Action.
“The ATF’s ‘Engaged in the Business’ Final Rule is President Biden’s unconstitutional attempt to impose by executive rule making a form of so-called ‘Universal Background Checks’ expressly rejected by Congress. This rule threatens law-abiding Americans with criminal sanction including imprisonment for occasionally privately selling firearms, conduct Congress has said does not require a license. The constitution does not grant ATF authority to ‘improve’ on what Congress has enacted or to create from whole cloth crimes not enacted by Congress. NSSF thanks Congressman Andrew Clyde for his leadership to exert Congress’ sole authority to craft criminal law, to constrain the growth of the administrative state that threatens our democracy and to stand up for the rights of law-abiding gun owners,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel.
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