26 House Republicans Demand ATF Reopen NFA Division

Today, a coalition of 26 Republican members of the U.S. House of Representatives penned a strongly worded letter to Acting Director Daniel Driscoll of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The letter, signed by Representatives Ben Cline and Mary E. Miller, among others, addresses the impact of a recent government shutdown triggered by Senate Democrats’ rejection of H.R. 5371, the Continuing Appropriations and Extensions Act, 2026.

This shutdown, which began on September 30, 2025, has left the ATF operating with a reduced workforce, furloughing critical employees, including National Firearms Act (NFA) application examiners. The lawmakers argue that this situation unconstitutionally infringes on Americans’ Second Amendment rights, sparking a heated debate over government priorities and constitutional duties.

The letter highlights the political divide that precipitated the shutdown. Senate Democrats voted against the bill, which would have funded the government through November 21, 2025, opting instead to push for taxpayer-funded health insurance for illegal aliens. In contrast, Congressional Republicans sought to maintain funding for troops, federal workers, and government benefits.

The resulting shutdown has led to the furlough of ATF employees, halting the processing of NFA applications for items like short-barreled rifles and suppressors. The representatives contend that this delay directly impedes law-abiding citizens’ ability to exercise their constitutional right to bear arms. They assert that the government’s current operational constraints compromise this right.

The lawmakers point out that under federal law, the whole exercise of Second Amendment rights requires government involvement, a reality they deem unintended by the Framers. They argue that the NFA, while constitutionally questionable, imposes a statutory obligation on the Executive Branch to process these applications. With NFA examiners currently furloughed, Americans are left unable to acquire regulated firearms and safety equipment, a situation the letter ties to the President’s constitutional duty to protect and defend the Constitution. The representatives assert that allowing these rights to hinge on congressional appropriations undermines their enumerated status.

“Gun Owners of America believes that the NFA is an infringement that should be repealed, and ATF’s refusal to facilitate the lawful purchase and transfer of NFA firearms only proves the point,” said Erich Pratt, Senior Vice President of Gun Owners of America. “Thank you to Representative Ben Cline and his leadership in this issue to ensure that the Second Amendment rights of gun owners to obtain NFA firearms are not further treated like a second-class right.”

Historical precedent strengthens their case. The letter references previous shutdowns in October 2013, January 2018, and the 2018-2019 winter period, during which ATF similarly ceased NFA application processing. They argue that these indefinite delays have consistently infringed on Americans’ ability to protect themselves, their loved ones, and their property. They warn that the current policy of furloughing NFA examiners may again compromise human life and property safety, a concern they link to the Department of Justice’s FY2026 Contingency Plan, which does not classify these examiners as critical employees.

The letter outlines the contingency plan’s criteria for continued operations during a shutdown, including activities funded by unexpired appropriations, those with express or implied authority to continue, and those related to the President’s constitutional duties or emergencies involving safety. The representatives argue that NFA application approvals fall under the President’s duty to uphold the Second Amendment, necessitating their continuation. They call on Driscoll to exercise his authority to select NFA examiners as “excepted” employees, ensuring uninterrupted processing during shutdowns.

“By prolonging the government shutdown, Senate Democrats are trampling on the Second Amendment rights of millions of Americans. Suppressors and other NFA items are made exclusively in American factories by American workers. From manufacturing to distribution to final sale to law-abiding citizens, every facet of the supply chain is completely dependent upon ATF processing NFA applications. Without ATF processing, the entire industry and the Second Amendment rights of millions of Americans come to a complete standstill.” says President and Executive Director of the American Suppressor Association (ASA) Knox Williams.

“Everyday ATF’s NFA examiners are out of the office, more and more pressure mounts on hundreds of small businesses across the country. With cash flow all but turned off, many will soon be forced to cut hours, furlough employees, or shut down entirely.”

“ATF has the ability and the responsibility to act now. Reclassifying NFA examiners as “excepted” or essential personnel would immediately restore the constitutionally protected right of lawful gun owners to complete their NFA applications. Simultaneously, it would protect thousands of American jobs. This isn’t a partisan issue; it’s a win-win that would uphold the Constitution while simultaneously protecting thousands of American jobs.”

In a direct appeal, the lawmakers demand a response within 10 days, requesting a plan to: 1) protect Second Amendment rights to NFA-regulated firearms during shutdowns, 2) designate NFA examiners as excepted, and 3) prevent future delays. This demand underscores their urgency, framing the issue as both a constitutional and practical failure of current policy. The letter, addressed to Driscoll with copies to ATF Deputy Director Robert Cekada and Chief Counsel Robert Lieder, represents a unified Republican front challenging the ATF’s approach amid political gridlock.

The broader implications of this letter extend beyond the immediate situation. It raises questions about the intersection of government funding and constitutional rights, a regular tension in American politics. Critics might argue that the furlough reflects pragmatic resource allocation, while supporters of the letter see it as a deliberate neglect of fundamental liberties. As the deadline approaches, Driscoll’s response could set a precedent for how federal agencies balance operational continuity with constitutional obligations during future fiscal disputes.

This standoff also highlights the ongoing debate over the NFA’s legality and its impact on gun ownership. The representatives’ assertion that the Act violates the Second Amendment echoes a sentiment held by some gun rights advocates, potentially fueling further legal challenges. Meanwhile, the shutdown’s political roots—tied to immigration and healthcare funding—illustrate how policy disputes can cascade into unexpected areas, affecting even the most basic rights.

As of now, the outcome remains undecided. The ATF’s decision will likely hinge on legal and administrative guidance from the Department of Justice, OMB, and OPM, as well as the broader political climate. For gun owners and Second Amendment supporters, the next 10 days will be critical, with the potential to reshape access to regulated firearms in times of government dysfunction.

AmmoLand News will continue to follow this story as it develops.

Update @12:10 pm 10/17/2025:

The ATF has recalled all NFA examiners. They expect the backlog of NFA applications to be cleared out in seven to ten days.

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About John Crump

Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.