Amidst the ongoing debate over Second Amendment rights, Republican lawmakers are rallying against a Biden administration directive targeting so-called gun show loopholes. This directive, implemented through a new Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule, has already yielded tangible effects, as evidenced by the cancellation of a gun show in Hamilton, Montana.
The rule, which took effect on May 20, mandates that vendors selling firearms at gun shows be federally licensed and conduct background checks. This regulation starkly contrasts with the traditionally relaxed enforcement at such events. The cancellation of the Montana event has underscored the rule’s immediate impact and raised concerns among Republican lawmakers about broader implications.
Representative Matt Rosendale of Montana has sounded the alarm, emphasizing that the language of the new regulation is highly subjective and expands the ATF’s authority. This move, he argues, marks a shift from theoretical concerns to a real-world scenario, suggesting that more restrictive measures could follow, potentially infringing on Second Amendment rights.
In response, GOP lawmakers are leveraging the Congressional Review Act (CRA) to overturn the ATF rule. This legislative mechanism allows Congress to revoke a federal agency rule. However, the method’s success rate has been historically low, with few rules overturned since the act’s inception in 1996. Despite these odds, House Republicans have been active in using the CRA under the Biden administration, highlighting a persistent push against regulatory overreach.
Representative Andrew Clyde, spearheading the effort in the House, has urged his colleagues to support his measure, framing it as essential to preventing further erosion of Americans’ Second Amendment liberties. This sentiment is echoed by House Majority Leader Steve Scalise, who views the rule as another instance of the Biden administration weaponizing the administrative state against lawful citizens.
Companion efforts are underway in the Senate, led by Senators John Cornyn and Thom Tillis, joined by 43 other Senate Republicans. Nonetheless, the Democratic majority poses a significant barrier, making the passage of the resolution in the House critical for advancing it to President Biden’s desk. Should the measure reach the President, a veto is anticipated, illustrating the entrenched ideological divide on this issue.
State-level opposition also reflects broader discontent with the new rule. For instance, Texas Attorney General Ken Paxton successfully secured a restraining order to halt the rule’s implementation, pending further legal challenges. This move has been supported by a coalition of pro-Second Amendment groups and officials from several states.
These developments highlight a fundamental clash over gun rights and federal overreach. The Biden administration’s directive, seen by many as a step towards universal background checks, is perceived by critics as a precursor to a national firearms registry and potential gun confiscation. This interpretation underscores the deep-rooted fear of incremental encroachments on constitutional freedoms.
As this battle unfolds, it promises to be a defining issue in the ongoing national discourse on gun rights and regulatory power. Lawmakers’ efforts to challenge the ATF rule are not just about overturning a specific regulation but also about setting a precedent for protecting individual liberties against perceived federal overreach. This struggle will likely shape the political landscape, influencing both legislative priorities and the broader fight for preserving Second Amendment rights.
