ATF Proposed Rule a Blatant Attack on American Gun Industry

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The ATF’s new definitions would give them arbitrary authority to classify firearms in a way that could make it difficult or impossible for the firearm industry to operate. IMG NRA-ILA

U.S.A. -(AmmoLand.com)- Two weeks ago we reported on a leaked document that appeared to be a new ATF proposed rule to amend several key definitions in federal firearm regulations. On May 7thATF published a nearly identical proposed rule on its website. The rule has not yet been published in the federal register, but likely will be on Monday, May 10th. That publication will trigger a 90 day comment period where gun owners and members of the firearm industry will be provided with an opportunity to provide input on the proposed rule.

The proposed rule, entitled Definition of “Frame or Receiver” and Identification of Firearms, proposes new definitions for the terms “firearm frame or receiver,” “frame or receiver,” “firearm,” “gunsmith,” “complete weapon,” “complete muffler or silencer device,” “privately made firearm,” and “readily.” In addition to these changes, ATF is seeking to create an entirely new process for licensed firearm dealers to apply serial numbers to unserialized firearms that come into their possession and to require the indefinite storage of firearm records by licensees.

These new definitions would give ATF arbitrary authority to classify firearms in a way that could make it difficult or impossible for the firearm industry to operate.

As we said in our alert on the leaked draft, “the rule would mean that many manufacturers would need to get pre-approval from ATF for new firearm designs. To put it another way, the draft takes 107 pages to say ‘we’ll know it when we see it.’” And, despite effectively requiring this pre-approval, ATF notes that “ATF’s decision whether to classify an item voluntarily submitted is entirely discretionary.”

Creating arbitrary and unlawful new standards for firearm manufacturers while claiming that ATF has no obligation to actually reply to manufacturers who attempt to comply with the new standards is the very type of “arbitrary and capricious” rulemaking that the Administrative Procedures Act was enacted to eliminate.

These new standards would give the ATF Director an incredible amount of power over the firearm industry. And, this comes at a time when President Biden has nominated anti-gun lobbyist and gun ban proponent David Chipman to head the ATF. This proposed rule is just one more reason why it’s extremely important for all gun owners to contact their Senators and ask that they vote against Chipman’s confirmation.

Once the proposed rule has been published in the federal register, we will provide more detail on the many problems with the proposed rules and give guidance to gun owners and members of the firearm industry on how to best craft persuasive comments. Please check back to www.nraila.org soon so you can help fight the Biden Administration’s anti-gun agenda.


About NRA-ILA:

Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess, and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org

National Rifle Association Institute For Legislative Action (NRA-ILA)

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swmft
swmft
27 days ago

gun industry should stop selling to gouberment, if they dont like guns THEY should not have them

Cruiser
Cruiser
1 month ago

What does the ATF do with replicas of things like flintlock, percussion kits and guns manufactured before, the FFA?
I have a smooth bore .22 without a serial # .

Roland T. Gunner
Roland T. Gunner
1 month ago

Jow would an FFL desler come into posession of unserialized firearms? If I manufacture a gun, I cannot transfer it to anyone, including an FFL dealer. If an FFL dealer builds a gun, he cannot trsnsfer it to anyone, unless his license is a full manufacturer’s license.

musicman44mag
musicman44mag
1 month ago

They should not come in possession of an un-serialized 80 percent lower that has been finished because the law is if you made it and go to sell it you are supposed to contact ATF and get a serial number for it and stamp it on there before you can sell it.

Shoreglide
Shoreglide
1 month ago
Reply to  musicman44mag

I believe that is just in certain states. It’s often recommended to engrave a serial # in the case of theft in order to identify said firearm. YMMV

Bubba
Bubba
1 month ago

Come on Ammoland ban this fucktard.
We are tired of seeing this spam bullshit

Cruiser
Cruiser
1 month ago

Since when is a bureaucracy (the ATF&E) allowed to make up the rules, without the approval of Congress and the Senate. Your un Constitutional laws are just that un Constitutional and illegal. The real outlaws are the member of this bureaucracy. Stop playing word games with our Constitutional rights.

Patriot Solutions
Patriot Solutions
1 month ago
Reply to  Cruiser

Not a “game”. They say they will do as they please. “A decade ago, Ms. Folajtar was convicted of a non-violent felony for falsifying information on a tax return. She has been law-abiding ever since, but federal law (18 U.S.C. 922(g)(1)) nevertheless prohibits her from possessing a firearm for the rest of her life. In 2018, Ms. Folajtar filed an as-applied Second Amendment challenge to the lifetime ban in the Eastern District of Pennsylvania District Court. After the court ruled against her, she appealed the decision to the Third Circuit Court of Appeals, where, over a powerful 28-page dissent by… Read more »