In an exclusive statement to Fox News Digital, NRA-ILA Executive Director Randy Kozuch said, "The Biden ATF's proposed rule, ATF2022R-17, is just another attempt to demolish our Second Amendment rights, with the potential to unjustly criminalize everyday Americans for engaging in lawful firearm transactions."
Kozuch continued, "This rule blatantly disregards the recent NRA-backed Bruen ruling on the Second Amendment. It also creates serious confusion among lawful gun owners who buy and sell firearms legally for various purposes, from collecting to self-defense."
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The ATF proposal in question, ATF2022R-17, also known as "Definition of ‘Engaged in the Business’ as a Dealer in Firearms," seeks to amend the agency’s regulations and incorporate provisions of the Bipartisan Safer Communities Act, a gun control law signed by President Biden in 2022.
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The proposal aims to broaden the definition of "dealer" to include anyone who "sells or offers for sale firearms, and also represents to potential buyers or otherwise demonstrates a willingness and ability to purchase and sell additional firearms." The proposal also seeks to incorporate the Bipartisan Safer Communities Act’s definition of earning a profit from gun sales, implying that a "dealer" would include individuals who sell guns for other forms of profit – such as personal property or services offered – not just cash.
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The NRA contends that this proposal would lead to confusion among gun owners about which firearm transactions would necessitate a federal firearms license.
Kozuch further stated, "If the Biden administration were truly committed to combating crime, they would focus on enforcing existing laws and reform their soft-on-crime policies, targeting actual criminals instead of law-abiding American gun owners."
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In June 2022, following approval from the House and Senate, Biden signed the Bipartisan Safer Communities Act into law. This legislation, hailed by gun-control activists as the most significant firearm legislation in nearly 30 years, incentivizes states to implement red flag laws and expand background checks for 18- to 21-year-olds.
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The ATF’s proposal was introduced in August this year and was open for a 90-day comment period from Sept. 9 to Dec. 7. The NRA was one of more than 330,000 groups and individuals who posted public comments about the proposed rule, detailing in their response that the proposal would spread confusion for gun owners, notably collectors and competitive shooters who frequently purchase and sell firearms.
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The NRA’s comment states, "Many NRA members buy and sell firearms for various lawful purposes. Collectors buy and sell to enhance their collections. Competitive shooters buy and sell in search of a competitive advantage. And all exercise their right to buy and sell firearms, seeking arms that best fit their needs to defend themselves and their families. But their freedom to do so is hindered by ATF2022R-17 (the ‘proposed rule’) because it would create serious confusion about what firearm transactions can be conducted without first acquiring an FFL."
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On Dec. 7, Republican Montana Attorney General Austin Knudsen led a coalition of 26 attorneys general in a letter to the ATF, slamming the proposal’s "shocking and unconstitutional attack" on the Second Amendment.
Knudsen’s office said in a press release last week, "The proposed rule is unconstitutional, violating the Second Amendment by making any individual who sells a firearm without a federal license liable to civil, administrative, or even criminal penalties."
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The NRA applauded the Montana Republican and the coalition of AGs for "truly honoring their oath to office."
"NRA members appreciate Montana Attorney General Austin Knudsen and the coalition of 26 attorneys general, who, unlike Joe Biden, are truly honoring their oath of office by actively fighting against this rule. The NRA is resolutely committed to fighting this ill-advised rule at every turn, safeguarding our constitutional rights from such blatant federal intrusion," Kozuch said.
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