In a move to safeguard Second Amendment freedoms, forty-five Republican U.S. senators have launched a resolution under the Congressional Review Act to counter a controversial rule by the Biden administration. [Source]
This rule, proposed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), mandates registration as federal firearm licensees for anyone involved in the sale of firearms, a significant shift from longstanding federal law.
Historically, federal regulations have differentiated between licensed firearms dealers and private individuals, who have not been required to obtain a license for personal transactions.
The ATF’s new rule extends these stringent requirements to ordinary citizens, compelling thousands of law-abiding Americans to register as dealers merely to buy, sell, or trade firearms with peers.
This rule has sparked considerable backlash, with Republican attorneys general labeling the rule as unconstitutional due to its imposition of undue costs and regulatory burdens on citizens.
In response, 26 states have taken legal action, with Texas and Kansas spearheading multi-state coalitions and Florida filing a separate lawsuit. Their efforts were recently vindicated when a federal judge issued a temporary restraining order, pausing the rule’s implementation until at least June 2, pending further hearings.
U.S. District Judge Matthew Kacsmaryk, in his 14-page decision, stressed the severe consequences of enforcing the rule, noting, “The plaintiffs would suffer irreparable injury absent an injunction is hard to dispute. Plaintiff Texas faces the irreparable injury of revenue loss. Other Plaintiffs face both civil and criminal enforcement actions for engaging in conduct that the BSCA permits but the Final Rule impermissibly forbids.”
The resolution is a direct challenge to the ATF’s interpretation of the 2022 Bipartisan Safer Communities Act, which was led by U.S. Sen. John Cornyn (R-TX), among others.
Despite Cornyn’s involvement in the original legislation, he has voiced strong opposition to the ATF’s current stance, committing to vigorously combat what he terms a “lawless rule” and a “flagrant distortion of congressional intent.”
U.S. Senator Thom Tillis (R-NC), although not a participant in the Congressional Review Act resolution, criticized the administration’s actions, accusing it of using a mental health initiative as a pretext for imposing unconstitutional restrictions on gun ownership. He warned that such overreach undermines trust and jeopardizes future bipartisan efforts.
Meanwhile, U.S. Rep. Andrew Clyde (R-GA), leading the resolution effort in the House, condemned the ATF’s rule as an attempt by President Biden to enforce universal background checks and push a radical gun control agenda under the guise of regulatory action.
The Congressional Review Act allows Congress to revoke certain federal agency actions, a critical check on administrative overreach.
“If a CRA joint resolution of disapproval is approved by both houses of Congress and signed by the President, or if Congress successfully overrides a presidential veto, the rule at issue cannot go into effect or continue in effect,” Congressional Research Service explains.
Last year, a similar effort was led by U.S. Sen. John Kennedy (R-LA), to block an ATF rule concerning pistol braces, highlighting ongoing legislative resistance to measures perceived as infringing on gun rights.