U.S. Senators Move to Halt New ATF Rule Requiring FFL Licenses for Private Gun Sales

The National Shooting Sports Foundation (NSSF), has announced its 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 Disapproval Resolution was introduced and led by U.S. Sens. John Cornyn (R-Texas) and Thom Tillis (R-N.C.) and was co-sponsored by 43 other senators.

Senators Seek to Block ATF Rule Requiring FFL License for Private Sales
The CRA Resolution would block the Biden administration from enforcing the Final Rule that forces private firearm sellers to obtain a Federal Firearms License (FFL), conduct FBI National Instant Criminal Background Check Systems (NICS) verifications and maintain records in perpetuity, the same as a bonafide licensed firearm retailer. The Final Rule was forced through to institute near-universal background checks, legislation that Congress has expressly rejected because it would require a national firearm registry to work.

“President Biden is using rulemaking by the Bureau of Alcohol, Tobacco, Firearms and Explosives (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 VP & General Counsel.

Keane adds: “The rule ignores Congress’ requirements left unchanged by the Bipartisan Safer Communities Act (BSCA) that a dealer is one who devotes time, attention and labor to dealing in firearms as a regular course of trade or business through the repetitive purchase and resale of firearms. 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.” SEE ATF Final Rule Text.

In this Armed Attorneys Video, Emily Taylor and Richard Hayes discuss the effect of the new ATF Final Rule.

Biden Admin Action Could Affect over 300,000 Private Gun Owners
The massive expansion of persons considered to be “engaged in the business” could have a massive reach. The new policy could require registration (and monitoring) of up to 328,000 Americans it now deems to be “firearm dealers” even though they only make occasional firearm sales, sell part of a personal firearm collection, or make purchases/exchanges for a personal collection or hobby.

Here Attorney and Washington Gun Law President William Kirk analyzes the ATF’s new Final Rule and explains how it will affect private transactions.