On April 11, 2022, the Attorney General signed ATF final rule 2021R-05F, Definition of “Frame or Receiver” and Identification of Firearms. A draft document of approximately 1,300 pages has been cited by insiders, which reportedly justifies a move to require background checks for private firearm transactions. The development has sparked a significant debate over Second Amendment rights and the reach of the ATF, with the situation evolving under the watchful eyes of a watchdog group, Empower Oversight.
The whispers of discontent within the ATF surfaced publicly when Empower Oversight, a nonprofit watchdog, released a press statement expressing concern over the implications of the alleged rule. The proposed regulation could effectively eliminate private gun sales without a background check, bringing every transaction under the purview typically reserved for federal firearms licensees. The basis for the organization’s concerns was clearly articulated by Tristan Leavitt, president of Empower Oversight, who stated, “The fact that inside ATF sources are blowing the whistle on this draft rule is an indication of what a difficult position it would put the ATF in. ATF agents did not sign up to go after law-abiding citizens for private sales protected under the Second Amendment of the Constitution.”
This proposal follows the trajectory of the Biden administration’s gun control initiatives, including the Bipartisan Safer Communities Act (BSCA), signed in 2022. The act redefined what it means to be “engaged in the business” of dealing in firearms, potentially increasing the number of sellers required to conduct background checks. The significance of this act cannot be overstated, as it amended the definition of engaging in the business of dealing in firearms and aimed to close perceived loopholes that have allowed some sellers to operate without conducting background checks.
Peter J. Forcelli, a retired deputy assistant director of the ATF, acknowledged that while the proposal might seem reasonable to some, the stark reality remains that “bad guys still get guns.” This underscores a recurrent theme in the conversation about gun control: the challenge of crafting regulations that effectively target illicit activities without impeding the rights of law-abiding citizens.
The ATF, when asked for comments, referred inquiries to information on the BSCA, which clarified the amended definitions and regulations related to gun sales and licensure. In particular, the proposed rule would align current regulations with the new definition of “engaged in the business” and clarify what activities presumptively require a license.
Empower Oversight has acted by demanding access to records and communications relating to this plan, including correspondences from the White House and ATF Senior Policy Counsel Eric Epstein. The group’s proactive approach is indicative of the weighty considerations at stake, including constitutional issues and the separation of powers.
The discussions around this rule evoke memories of the Ruby Ridge and Waco standoffs, with Empower Oversight cautioning that aggressive enforcement of such a regulation could endanger ATF agents and escalate tensions with gun owners who view the sale of firearms as a constitutionally protected right.
Relevant articles:
– ATF whistleblowers sound alarm on Biden admin proposal that effectively bans private gun sales: report, Fox News
– Biden Reportedly Is Planning To Unilaterally Mandate Background Checks for All Gun Sales, Reason Magazine, Feb 1, 2024
– Definition of “Frame or Receiver” and Identification of Firearms, atf.gov