Firearm Industry Expert, Veteran Testifies Against ATF Overreach

By Larry Keane

Firearm Industry Expert and Veteran Ryan Cleckner gave the lawmakers a Civics 101 lesson during his testimony against ATF overreach.

Ryan Cleckner knows a few things about standing up for what’s right, even when it’s not easy.

The former Special Operations sniper, lawyer, author, former NSSF staff member, firearm safety advocate, industry alumnus and entrepreneur and co-owner of Gun University, a site dedicated to firearm education and regulation compliance, took a turn giving Congress a lesson on how rulemaking by the Executive Branch is chipping away at fundamental rights and usurping the role of the Legislative Branch to represent “We the People.”

Cleckner testified before the U.S. House of Representatives Subcommittee on the Administrative State, Regulatory Reform, and Antitrust. The topic was “Reining in the Administrative State: Reclaiming Congress’s Legislative Power.”

U.S. Rep. Thomas Massie (R-Ky.) chaired the hearing and explained the importance of Congress reclaiming its role and safeguarding against bureaucracies run amok in his opening statement.

“Today, Americans must routinely follow rules that come from a source other than Congress,” Chairman Massie explained. “In recent years, federal agencies have more-and-more frequently imposed their will on the American people.”

Chairman Massie included the Final Rule on stabilizing pistol braces published by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as an example of bureaucratic overreach.

“It requires gun owners who use stabilizing braces, not bump stocks Mr. Ranking Member [David Cicilline (D-R.I.)], to register their braced pistols, modify their weapons, or risk potential felony charges.”

Back to Basics

Cleckner gave the lawmakers a Civics 101 lesson, reminding them that government derives its authority from the consent of the governed and those governing are accountable to the People.

“When you consider legislation or hold hearings on matters, it is open to the public,” Cleckner testified, “This transparency is fundamental to our Government. Debates on legislation and hearings such as this one, allow for differing opinions to be heard and considered before legislation is passed. Allowing non-elected and non-representative government bureaucrats in Federal Agencies to exercise power that should be limited to Congress, and to do so behind closed doors without accountability nor transparency, is destructive to America, its citizens, and to Congress.”

Cleckner pointed to the clear examples of rule-making by the Biden administration in which the Department of Justice (DOJ), through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), unilaterally decided that attaching a pistol brace to an AR pistol is a criminal offense unless the owner registers the firearm under the National Firearms Act (NFA) as a newly-redefined short-barrel rifle (SBR).

Until the recent Final Rule was published, these were considered legal, even by the ATF’s own determination letters.

“This latest rule that the ATF has made, it redefines laws passed by Congress, and it criminalizes the possession of firearms with certain accessories that the ATF itself had previously specifically approved,” Cleckner testified. “This rule, by fiat, effectively gives the ATF the power to determine who is a felon by the stroke of a bureaucrat’s pen. This is not an appropriate enforcement of the law – it is tyranny.”

ATF Enforces, Not Writes Law

Cleckner explained that it is the responsibility of Congress, which has sole authority, to draft laws. This is especially important when it comes to criminal law. The Executive Branch, which includes the DOJ and ATF, is responsible for executing and administering the law. Nowhere in the Constitution are any of the agencies of the Executive Branch allowed to conjure up criminal law on their own.

Cleckner spelled out the danger for Americans who risk becoming unwitting felons overnight because the ATF flip-flopped on determinations that the pistol brace was legal one day and possession of one without registration is a felony the next.

“The Congressional Research Service estimates between 10 and 40 million of these are out there. Most of these Americans do not know that this rule is happening and even the Americans that do know the rule is happening cannot interpret it because the ATF is using vague and ambiguous language.”

“We’re talking about a piece of plastic that was previously approved by the ATF… and they’re going to be made into felons,” Cleckner added. “This is 18 USC law that ATF is trying to redefine and trying to rewrite and serious crimes, confusing regulations, going back-and-forth, I don’t see how that’s helping anybody.”


About The National Shooting Sports Foundation

NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations, and publishers nationwide. For more information, visit nssf.org

National Shooting Sports Foundation

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Arizona

Only congress can legislate and create law, but even they are bound by the US Constitution, the law of the land, that specifically prohibits any law or regulation which infringes (limits or interferes with) citizens’ owning and bearing arms. No body of government has legal authority to tell a citizen what they can own, possess, carry, buy or build to defend their life, liberty and property. Citizens owned warships with cannon, capable of destroying towns and cities at the time the Constitution was written. Citizens are entitled to own weapons of war, and that didn’t change since 1776.

Hazcat

Well stated.

Wild Bill

Yes, if Congress fails to take back their authority then Congress and the POTUS become irrelevant.
Dang! I see that my UVA Cavaliers are out … already. More Cava that cavalier.

Laddyboy

Thank You Mr. Checkner for stating the CONSTITUTIONAL FACT that ONLY CONGRESS CAN MAKE LAW or MODIFY LAW. Even when Congress is making a “law” it MUST comply TO and WITH the American Constitution!!!

FL-GA

Would somebody please tell me what a pistol brace does that makes a pistol so dangerous? I’ve asked the ATF but got no reply. My best guess is that it might allow a concealable firearm to be used more accurately. (More chance of hitting the target and less chance of collateral damage, in which case LE should be encouraged to use one.)

DIYinSTL

It has nothing to do with being dangerous. The original NFA included handguns so the concept of a short barreled rifle that could skirt the $200 tax was born. The inclusion of pistols was dropped from the NFA but our lawmakers did not drop their new creation, the Short Barreled Rifle. Modern optics and ammunition make the concept of the SBR being more dangerous than a pistol an anachronistic fallacy.

Laddyboy

‘nader’, the true LIAR and BACKSTABBER DemoKKKrat!!

Deplorable Bill

I was under the impression that congress and congress alone had constitutional authority to write laws. Then again, I am bad with places and years, I didn’t realize that this was 1936 and this is Germany. A well regulated militia, being necessary to the security of the free state, the right of the people to keep and bear arms shall not be infringed, the second amendment to the constitution of the United States of America, THE law of the land. No law that runs contrary to the constitution is valid; Marbury VS Madison. Thus, any law that impinges upon any… Read more »

StLPro2A

My copy of 2A only reads, right there in plain English, “,,,,shall not be infringed.” While we’re on that stipulation theme, mine does not have limiting stipulations regarding: -barrel length for rifles, pistols, or shotys, -nothing mandating single shot, semi-auto, full auto, -cosmetic features thingys, -bump-’em-up-stockys, -those bracey thingys,-government permission slips or “pretty please, may I” forms, -being dangerous or unusual (common sense says a non-dangerous firearm is useless rock or club; In the age of rocks ‘n’ spears, gun powder and the first musket were unusual.), Ya puts your mag in there, ya puts your cheek tight there, ya… Read more »

Laddyboy

REGULATIONS: The Ohio community that has been POISONED, was done because a company REFUSED to OBEY REGULATIONS. The “authority” of the train controllers CHOSE TO IGNORE the TWO or THREE WARNINGS of a “HOT BOX” on a car. THIS is a MAJOR CAUSE of the CRASH and POISONING of New Palestine! SO, let the REGULATORS PROSECUTE the TRANSGRESSORS of the ESTABLISHED, not reinterpretation, REGULATIONS!!
I agree Congress, while under Democratic Rule has ABDICATED their LAWFUL DUTIES and has passed their CONSTITUTIONAL RESPONSIBILITY to “UNACCOUNTABLE bureaucrats”. Congress MUST take back their RESPONSIBILITY!!!