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May 20th, 2024

Biden Administration Will Restrict U.S.-Made Firearms Exports

commerce department U.S. gun export ban halt october 90 days biden

The Biden administration, through its Commerce Department Bureau of Industry and Security (BIS), will impose new gun export restrictions starting May 30, 2024. These restrictions will affect a wide range of gun exports to 36 countries world-wide. These new restrictions follow gun export “pauses” mandated last October. Fox News explains:

“The Biden administration plans to impose new restrictions on firearms exports and increase scrutiny on transactions … a Commerce Department official said late on Thursday. The department on Oct. 27 issued a pause on most firearm exports to assess the ‘risk of firearms being diverted to entities or activities that promote regional instability, violate human rights, or fuel criminal activities.’

The Department plans to announce on Friday it will lift the pause from May 30 when the new restrictions take effect. The Commerce Department expects the restrictions to result in about a 7% reduction, or $40 million, out of the $600 million in average annual U.S. firearm exports, the official said.”

Additionally, the Commerce Department will revoke some export licenses and will cut some licenses from four years to one-year. SEE Legal Analysis.

commerce department U.S. gun export ban halt october 90 days bidenBiden Administration Restriction of Firearms Exports
By Larry Keane, NSSF Senior V.P. and General Counsel

“President Joe Biden’s relentless rebukes of the firearm industry and law-abiding gun owners isn’t just an infringement on our Second Amendment rights – it’s a calculated and well-financed attack on the fabric of American liberty. President Biden calls the firearm industry ‘the enemy’ and his administration is systematically attempting to dismantle the industry and pander to the whims of radical gun control lobbyists. The evidence is clear, and the statistics damning.

The Department of Commerce’s Bureau of Industry and Security (BIS) recently finalized a rule that made a 90-day firearm export ‘pause’ permanent policy and created burdensome regulatory requirements. Sold under the guise of national security, this policy will hamstring the U.S. firearm industry’s competitiveness and cost thousands of good-paying jobs by impeding a critical revenue source. The economic impact is staggering, with estimates far exceeding $250 million – a devastating blow to an industry already reeling from government overreach.” READ Full Story on NSSF.org.

This new Department of Commerce Rule goes into effect on May 30, 2024. The new firearms export policies are explained in the Federal Register:

“In this interim final rule (IFR), the Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to enhance the control structure for firearms and related items[.] This rule identifies semi-automatic firearms under new Export Control Classification Numbers (ECCNs); adds additional license requirements for Crime Control and Detection (CC) items, thereby resulting in additional restrictions on the availability of license exceptions for most destinations; amends license review policies so that they are more explicit as to the nature of review that will accompany different types of transactions and license exception availability (including adding a new list of high-risk destinations); updates and expands requirements for support documentation submitted with license applications; and better accounts for the import documentation requirements of other countries (such as an import certificate or other permit prior to importation) when firearms and related items are authorized under a BIS license exception. … This rule is effective May 30, 2024.”

Permalink Gunsmithing, News No Comments »
October 30th, 2023

Biden Administration Halts U.S. Gun Exports for 90 Days

commerce department U.S. gun export ban halt october 90 days biden

The Biden administration has issued an order halting exports and sales of American-made civilian firearms for 90 days, starting October 27, 2023. The U.S. Department of Commerce has stopped issuing export licenses for most civilian firearms and ammunition (and some optics) for 90 days for all non-governmental users. The Commerce Department cited security issues as grounds its sweeping order: “The review will be conducted with urgency and will enable the Department to more effectively assess and mitigate risk of firearms being diverted to entities or activities that promote regional instability, violate human rights, or fuel criminal activities.”

We can expect this order to reduce sales and revenues of leading American gunmakers including Barrett, Colt, Ruger, SIG Sauer USA, and Smith & Wesson.

commerce department U.S. gun export ban halt october 90 days bidenBloomberg reports: “The Commerce Department is halting exports of most US-made firearms for 90 days and reviewing its support of the country’s biggest gun trade show to ensure such backing ‘does not undermine US policy interests’ — steps that could slow two decades of growth of gun sales abroad.

The department late Friday announced the pause in approval of new export licenses for the commercial sale of semiautomatic and non-automatic firearms around the world. The freeze doesn’t apply to Israel, Ukraine and about 40 other countries that are part of an export-control agreement. But it does cover some of the biggest markets for American gunmakers, including Brazil, Thailand, and Guatemala[.]”

However, the ban will NOT apply to some 40 countries, including Israel and Ukraine, that have a separate export agreement for firearms. Reuters states that: “Exporters can continue to submit license requests during the pause, but they will be ‘held without action’ until the pause is lifted.”

What is interesting, and perhaps deliberate, is that the 90-day export ban overlaps with the NSSF SHOT Show. TheTruthaboutGuns.com noted: “The announcement of this 90-day ‘pause’ in export licensing just happens to be perfectly timed to include pulling the Commerce Department’s support for the NSSF’s SHOT Show scheduled for January 23 to 26, 2024.”

One legal expert observed that the export ban will apply to most firearms and ammunition that can be purchased in American gun stores, including shotguns. Johanna Reeves, a lawyer with Reeves & Dola in Washington who specializes in export controls and firearms, stated she had never seen such a broad and sweeping restriction on civilian gun exports before.

AR-15 Image from Wing Tactical.

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