A group of organizations advocating for firearms rights is calling on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to cease its endeavors to reclassify AR-15 “pistols” as firearms subject to taxation and regulation. In a formal document, these advocates have conveyed their unwavering belief in their eventual triumph over the Bureau of Alcohol, Tobacco, Firearms and Explosives, and have urged the agency to relinquish its pursuit of reclassifying these firearms as regulated and taxed weapons.
“Our earlier victory in the case should have signaled to the government to back away from its rule,” said Second Amendment Foundation Executive Vice President Alan Gottlieb, according to the Washington Examiner. “Instead, the government has appealed in hopes of saving this arbitrary restriction, and we’re simply asking the court to affirm its earlier ruling.”
Gottlieb’s group, along with two others, has united to challenge the ATF’s recent decision to reverse a policy that had been in place for a decade. This policy change involves the regulation of AR-style pistols equipped with arm braces designed to aid handicapped and unsteady shooters. When Joe Biden took office, the agency aimed to revamp its previous stance, arguing that certain pistols should be classified as heavily regulated and taxed rifles. This shift in policy could potentially lead to the criminalization of owners of around 7-10 million such firearms overnight.
Recent legal battles have highlighted that firearms considered to be in “common” use are typically exempt from regulation. SAF has contended that the widespread use of up to 10 million AR pistols demonstrates their status as “common” firearms. This legal dispute, which is similar to other cases across the country, is likely to make its way to the U.S. Supreme Court and could have an impact on the upcoming presidential election.
Former President Donald Trump has voiced his disapproval of the ATF’s decision. He is scheduled to address the National Rifle Association convention, an organization that is also challenging the new regulation put forth by the ATF. Trump is anticipated to once again secure the group’s endorsement, as reported by the Examiner. In February, the ATF was gearing up to introduce a new rule that would regulate private gun sales and mandate background checks through the FBI, according to a whistleblower group representing IRS agents involved in the Hunter Biden case.
Empower Oversight, in a communication to U.S. Attorney General Merrick Garland, expressed concerns that the proposed action would constitute an “unconstitutional” power grab. The group claimed to have been informed by two sources about the forthcoming rule change.
According to a report by Just the News, the letter stated that the White House instructed the ATF to implement the modification, resulting in the drafting of a 1,300-page document supporting a rule that would essentially prohibit private firearm sales by mandating background checks for all transactions. Empower Oversight maintained that it is of the opinion that only Congress has the authority to make such alterations, citing a 1986 law that explicitly forbade background checks for private firearm sales.
“Such an expansive rule that treats all private citizens the same as federal firearms licensees would circumvent the separation of powers in the Constitution, which grants ‘all legislative Powers’ to Congress while requiring that the President ‘take Care that the Laws be faithfully executed,’” the letter said.
However, in April, the Biden administration implemented a regulation that some critics argue grants the government excessive authority to classify individuals who privately sell firearms for profit as “dealers,” thereby mandating them to obtain an ATF license and conduct background checks on buyers prior to completing any transactions. Subsequently, numerous state attorneys general challenged the ATF and the Biden administration in court, alleging that the rule infringes upon the Second Amendment and existing federal laws.
“This new rule represents an illegal overreach by unelected federal officials and the unlawful suppression of the private transfer of firearms by law-abiding citizens. The U.S. Congress has clearly defined what it means to sell firearms in our nation and the ATF has no legal authority to change that definition,” New Hampshire Attorney General John M. Formella said earlier this month. “The rule is also a blatant violation of our constitutionally protected liberties, as Second Amendment protections have long included the rights of Americans to both acquire and sell firearms to one another in a private capacity,” he added.
