Buckeye Reporter

The Firearm Industry Trade Association, NSSF, has expressed its full support for the Congressional Review Act (CRA) Resolution of Disapproval of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) “Engaged in the Business” Final Rule. The CRA was introduced by U.S. Sens. John Cornyn (R-Texas) and Thom Tillis (R-N.C.) and co-sponsored by 43 additional senators.

This joint resolution aims to prevent the Biden administration from enforcing the Final Rule which mandates private firearm sellers to obtain a federal firearms license (FFL), conduct FBI National Instant Criminal Background Check Systems (NICS) verifications, and maintain records indefinitely, similar to licensed firearm retailers. The Final Rule was implemented with the intent of instituting near-universal background checks—a legislative measure that Congress has expressly rejected due to its requirement for a national firearm registry.

“President Biden is using rulemaking by the ATF to impose so-called ‘Universal Background Checks’ rejected by Congress. The rule is unconstitutional because it violates the Separation of Powers by usurping the role of Congress to say what the law is,” said Lawrence G. Keane, NSSF’s Senior Vice President & General Counsel.

Keane further explained that this rule disregards Congress' unchanged requirements as stipulated in the Bipartisan Safer Communities Act (BSCA). He added that "the Biden administration has repeatedly shown its willingness to run roughshod over the Constitution to attack the fundamental rights of law-abiding citizens to keep and bear arms."

There are concerns that this policy reversal will lead to misallocation of ATF resources towards monitoring and registering up to 328,000 Americans deemed as “firearm dealers”, even if they only engage in occasional firearm sales or exchanges for personal collection enhancement or hobby purposes. There are also apprehensions about ATF's capacity to provide necessary customer service including processing import permits and classification determinations on new products.

The firearm industry fears a shift from zero tolerance to zero lawful, Constitutionally protected commerce, possibly an ulterior motive behind the rule. It is suggested that these resources should be focused on criminals and disrupting illegal firearms trafficking rings instead of enforcing politically-motivated schemes for a universal background check system.