North Charlotte Today

Recently, Senators Thom Tillis (R-NC), John Cornyn (R-TX), and 43 of their Senate Republican colleagues introduced a joint resolution of disapproval under the Congressional Review Act to strike down the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) rule on the definition of “Engaged in the Business” as a dealer in firearms. The senators argue that the rule ignores the law and congressional intent and violates the Constitution by criminalizing behavior beyond the text of the statute.

“It is outrageous that the Biden Administration decided to take a good faith effort to curb the mental health crisis across our country and turn it into an unconstitutional attempt to restrict firearms from law-abiding American citizens,” said Senator Tillis. “This executive overreach is exactly why Republicans don’t trust this Administration, and will be an obstacle to any attempt on future bipartisan legislation as long as President Biden is in office. I encourage my colleagues to support the CRA resolution we introduced and immediately overturn this ridiculous regulation.”

The resolution is endorsed by several organizations including the National Shooting Sports Foundation (NSSF), Gun Owners of America (GOA), and the National Rifle Association (NRA).

“President Biden is using rulemaking by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to impose so-called ‘Universal Background Checks’ rejected by Congress,” said NSSF Senior Vice President and General Counsel Lawrence G. Keane. “The rule is unconstitutional because it violates the Separation of Powers by usurping the role of Congress to say what the law is. The rule ignores Congress’ requirements left unchanged by the Bipartisan Safer Communities Act that a dealer is one who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business through repetitive purchase and resale of firearms. All Congress changed was that conduct need not be for purpose of earning a livelihood, just that it is predominantly to earn a profit. The Biden administration has repeatedly shown its willingness to run roughshod over the Constitution to attack fundamental rights of law-abiding citizens to keep and bear arms. NSSF is tremendously grateful for leadership of Senators John Cornyn and Thom Tillis to exert will of Congress – representative of ‘We, the People’ – to its proper role in lawmaking process and protect our rights.”

“Gun Owners of America is supportive of Senator Cornyn’s efforts to block President Biden's new ATF rule criminalizing private firearms sales, which are protected under Second Amendment and legal in majority states,” said GOA Director Federal Affairs Aidan Johnston. “This nothing more than an attempt force gun owners fill out gun registration paperwork like Forms 4473 before transferring even one firearm even family member. The death Bryan Malinowski at hands armed ATF agents sent clear message from Biden Administration gun owners: comply or else.”

“With stroke pen, Biden Administration once again oversteps authority with this new rule,” said NRA-ILA Executive Director Randy Kozuch. “This regulation threatens turn tens thousands upstanding citizens into criminals for exercising constitutional rights selling even single firearm. NRA fully supports Senator Cornyn Representative Clyde’s legislation invalidate this egregious rule.”

###