Republican lawmakers are challenging a Biden administration rule that aims to close “gun show loopholes” after the new mandate shut down a gun exhibition in Montana last month.
The new Bureau of Alcohol, Tobacco, Firearms, and Explosives rule, which went into effect on May 20 and mandates that gun vendors have federal licenses and perform background checks, is what prompted the cancellation of the gun show in Hamilton, Montana. Usually, gun shows are exempt from these regulations.
The event was scheduled for the weekend of May 17–19, but it was canceled. Some Republican members expressed concern that the new regulation could serve as a pretext for the Biden administration to impose unilateral gun control measures.
What people really need to realize, in my opinion, is how incredibly subjective the language is. Representative Matt Rosendale (R-MT) told the Washington Examiner, “It gives the ATF additional jurisdiction.” This is a matter that should concern everyone. We’re no longer delving into theoretical discussions, particularly in light of the recent cancellation of a gun exhibition, and the unknowns and potential legal ramifications that the new rule may bring. We are discussing the unpleasant facts, which are just the beginning.
Although Republican members of the House and Senate have long pledged to challenge the ATF regulation, a number of them now feel more urgent as a result of the canceled gun exhibition in Montana.
Through the Congressional Review Act, a mysterious process that enables legislators to reject final rules issued by federal agencies, there are two concurrent attempts in both chambers to overturn the regulation. Since its introduction in 1996, the approach has only succeeded in a few rule overturns, indicating its rarity.
Since gaining control of the House last year, Republicans have introduced more than half a dozen bills to this Congress, using this tactic on a regular basis under the Biden administration. President Joe Biden has vetoed over nine CRAs and signed three regulations into law during his tenure in the White House.
The House leader spearheading the initiative, Rep. Andrew Clyde (R-GA), has now urged members to support his bill in order to prevent cancellations in the future and “further trampling of Americans’ Second Amendment privileges.”
Clyde told the Washington Examiner, “Unfortunately, we’re already witnessing the severe implications of the ATF’s ‘involved in the business’ criterion.” “President Biden has long warned that this legislation will eventually lead to a nationwide firearms registry and subsequent gun confiscation. It is his latest attempt to impose universal background checks.”
House Majority Leader Steve Scalise (R-LA), who told the Washington Examiner that the regulation is an example of the Biden administration “weaponizing the administrative state against law-abiding American individuals,” backed the motion.
He stated, “[Biden’s] ongoing attacks on the Second Amendment threaten our fundamental liberties, this time by attempting to restrict Americans’ capacity to buy and sell firearms to each other.” “House Republicans will push back against these attacks on the Second Amendment and continue to advocate for law-abiding gun owners.”
Sens. John Cornyn (R-TX), Thom Tillis (R-NC), and forty-three other Republicans are attempting to overturn the regulation in the Senate in a manner akin to this. The Democratic majority, however, is likely to obstruct that attempt, so the legislation’s passage in the House may be necessary before it reaches Biden’s desk.
Republican senators might force consideration of a CRA joint resolution through a discharge petition, which would send the legislation to Biden for consideration if it is successful, in accordance with legislative norms governing bill.
If the CRA came to Biden’s desk, he could still veto it. Because of this, several lawmakers—like Rosendale—acknowledged that it might not be possible to overturn the regulation during this Congress and suggested trying again under a potential Trump administration in the following year.
“I have no faith in anything this administration is doing,” said Rosendale. “I have no faith in anything this administration is doing.”
A federal judge in Texas temporarily stopped the Biden administration from implementing the mandate pending a challenge by Republican Attorney General Ken Paxton last month, indicating opposition to the new rule from certain state authorities as well.
Paxton released a statement in which she expressed her relief at being able to obtain a restraining order to stop the implementation of the unlawful rule. The Second Amendment advocacy organization Gun Owners of America has joined the challenge against the ATF policy.
In addition, representatives from Utah, Louisiana, and Mississippi joined the complaint; however, the temporary restraining order does not extend to those other states.
