In a significant move to protect Second Amendment rights, forty-five Republican U.S. senators have introduced a Congressional Review Act (CRA) resolution aimed at blocking a controversial rule from the Biden administration’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This rule mandates that anyone selling firearms must register as a federal firearm licensee, a requirement that many argue infringes on private citizens’ rights.
Basis of the ATF Rule
The Biden administration claims that the rule implements aspects of the 2022 Bipartisan Safer Communities Act, spearheaded by U.S. Senator John Cornyn (R-TX) among others. Traditionally, federal law has distinguished between firearms dealers, who must be licensed, and private individuals who do not need a license to buy, sell, or trade firearms privately.
Legal Challenges to the Rule
The new ATF measure, however, would compel thousands of law-abiding citizens to register as dealers to engage in firearm transactions with friends and neighbors. Republican attorneys general argue that the rule is unconstitutional and imposes unnecessary costs on citizens. In response, 26 states have filed lawsuits to block the rule from taking effect, with Texas and Kansas leading two multi-state coalitions, and Florida filing its own lawsuit.
Temporary Restraining Order Issued
A significant development occurred when U.S. District Judge Matthew Kacsmaryk issued a temporary restraining order against the administration, halting the rule until June 2 to allow for hearings. In his ruling, Kacsmaryk emphasized the potential irreparable injury to plaintiffs, including revenue loss for Texas and civil and criminal enforcement actions against individuals engaging in conduct permitted by the Bipartisan Safer Communities Act but forbidden by the final rule.
Senator Cornyn’s Response
Senator Cornyn, who faced criticism from his own party for supporting the initial bill, has now vowed to fight the ATF’s rule. He asserts that the rule is a “flagrant distortion of congressional intent” and undermines the constitutional right to bear arms.
Opposition from Other Republican Senators
Not all Republicans support Cornyn’s previous actions. Some Texas Republicans argue that Cornyn’s stance is anti-Second Amendment, complicating his potential consideration as the next Senate majority leader. Senator Thom Tillis (R-NC), another cosponsor of the original bill, criticized the Biden administration for turning a mental health initiative into an unconstitutional gun control measure.
House of Representatives Joint Resolution
In the House, U.S. Representative Andrew Clyde (R-GA) is leading the joint CRA resolution effort. Clyde argues that the ATF’s rule represents an overreach by the Biden administration, aiming to impose universal background checks and advance a radical gun control agenda. He urges his colleagues to support the measure to prevent what he terms as “tyranny.”
Mechanism of the Congressional Review Act
The CRA is a legislative tool that allows Congress to overturn federal agency actions. If both houses of Congress approve a joint resolution of disapproval and the President signs it, or if Congress overrides a presidential veto, the rule in question cannot take effect.
Historical Context and Republican Advocacy
Last year, a group of Republicans demanded explanations from Attorney General Merrick Garland and ATF Director Steven Dettelbach regarding a zero-tolerance policy applied to gun dealers. Additionally, Senator John Kennedy (R-LA) introduced a CRA resolution to block an anti-Second Amendment pistol brace rule and has consistently advocated for veterans’ rights to retain their Second Amendment protections.
A Critical Effort
As the debate over the Second Amendment intensifies, the resolution introduced by the 45 senators represents a critical effort to safeguard citizens’ rights against what many see as overreaching federal regulations. The outcome of this legislative and judicial battle will have significant implications for the future of gun ownership and regulatory practices in the United States.
Protecting 2A Rights
What are your thoughts? What are the potential long-term implications of the ATF’s rule on private firearm transactions? How might the Congressional Review Act be used in future legislative efforts to protect or challenge Second Amendment rights?
Influence of Political Ambitions
What role do state governments play in challenging federal regulations, and how effective are these challenges typically? How do political ambitions influence their stance on gun control measures? What balance should be struck between ensuring public safety and protecting constitutional rights in the context of firearm regulations?
