Williams, Luetkemeyer, Stauber, and Bean Pen Letter to ATF Over New Rule on Small Firearm Dealers (October 13, 2023)

Summary

A House Committee on Small Business item dated October 13, 2023 says Chairman Roger Williams, Luetkemeyer, Stauber, and Bean wrote to Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, and Firearms (ATF) about a new proposed rule. Williams is quoted saying the rule would force thousands of gun enthusiasts to register as Federally Licensed Firearms Dealers. The quoted letter says the proposed change to the definition of engaged in the business of selling firearms would require nearly 25,000 new individuals or entities to register as a Federally Licensed Firearm Dealer. It states that it appears the ATF may not have properly considered small entities as required by the Regulatory Flexibility Act.

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Williams, Luetkemeyer, Stauber, and Bean Pen Letter to ATF Over New Rule Negatively Impacting Small Firearm Dealers
Source(print): https://smallbusiness.house.gov/news/documentprint.aspx?DocumentID=405767

Williams, Luetkemeyer, Stauber, and Bean Pen Letter to ATF Over New Rule Negatively Impacting Small Firearm Dealers 

 smallbusiness.house.gov 

 Cmte Small Business (R) 

 Contact: 

 Williams, Luetkemeyer, Stauber, and Bean Pen Letter to ATF Over New Rule Negatively Impacting Small Firearm Dealers 

 Washington ,
 October 13, 2023 
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 WASHINGTON, D.C. – Yesterday, Congressman Roger Williams (R-TX), Chairman of the House Committee on Small Business, along with Reps. Blaine Luetkemeyer (R-MO), Pete Stauber (R-MN), and Aaron Bean (R-FL), wrote to Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, and Firearms (ATF) over a new proposed rule that will negatively impact small firearm dealers. Chairman Williams issued the following quote. 
 “The ATF’s new rule would force thousands of gun enthusiasts to register as Federally Licensed Firearms Dealers,”  said Chairman Williams .  “Criminals will simply ignore this new requirement while law-abiding citizens will be forced to submit their information to the ATF as another backdoor attempt to make a universal gun registry. This ridiculous new requirement will do nothing to improve public safety and only shows the Biden Administration’s contempt for the Second Amendment.” 
 This letter builds on the House Committee on Small Business’ work to ensure federal agencies adhere to the Regulatory Flexibility Act and Small Business Regulatory Enforcement Fairness Act to protect small businesses from burdensome regulations and rulemaking. 
 Read the full letter here . 
 Read excerpts from the letter below: 
 “The House Committee on Small Business writes to inquire about the Bureau of Alcohol, Tobacco, and Firearm, and Explosives’ (ATF) recent proposed changes to the definition of “engaged in the business of selling firearms.” This proposed rule would require nearly 25,000 new individuals or entities to register as a Federally Licensed Firearm (FFL) Dealer, functionally turning them into small businesses. This change creates an ambiguous standard that could cause an individual to be labeled as being “engaged in the business of selling firearms,” requiring them to register with and pay a fee to the ATF. Additionally, this rule obscures the difference between individuals and potential businesses, complicating the landscape for people, businesses, and entrepreneurs. It appears that the ATF may not have properly considered small entities during this rulemaking process as required by the Regulatory Flexibility Act (RFA). 
 “It is difficult to determine whether this rulemaking is based on the Biden Administration’s disdain for the Second Amendment or its contempt for American small businesses, but it most certainly will not achieve its desired ends. This rule states that anyone who sells a firearm with the “predominant purpose” of making a profit is “engaged in the businesses of selling firearms,” and must register as a FFL dealer. Under the proposed standard nearly 25,000 new “businesses” will essentially be created overnight, and few, if any, are prepared to, nor intend to operate as a business. Additionally, the rule could require an individual who sells just one firearm to register as a FFL dealer, depending on their “predominant purpose.” This standard is ambiguous, and due to the nature of this rule, will create confusion among individuals that the ATF now contends are firearms dealers.” 
 Background: 
 Signatories include Chairman Roger Williams (R-TX), Rep. Blaine Luetkemeyer (R-MO), Rep. Pete Stauber (R-MN), and Rep. Aaron Bean (R-FL). 

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