"Williams, Luetkemeyer, Stauber, and Bean Pen Letter to ATF Over New Rule Negatively Impacting Small Firearm Dealers"
Summary
A release dated October 13, 2023 announcing that Congressman Roger Williams (R-TX), Chairman of the House Committee on Small Business, and Reps. Blaine Luetkemeyer (R-MO), Pete Stauber (R-MN) and Aaron Bean (R-FL) wrote to ATF Director Steven Dettelbach about a proposed rule on firearm dealers. Excerpts from the letter say 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 Federally Licensed Firearm (FFL) Dealers. The letter calls the standard ambiguous and says it appears the ATF may not have properly considered small entities as required by the Regulatory Flexibility Act (RFA). The release includes a quote from Chairman Williams opposing the rule.
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Full text
Williams, Luetkemeyer, Stauber, and Bean Pen Letter to ATF Over New Rule Negatively Impacting Small Firearm Dealers October 13, 2023 Tags: Oversight, Investigations, and Regulations 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). Related News Subcommittee on Oversight, Investigations, and Regulations Holds Hearing on Restoring the SBA to Its Intended Mission: Serving Main Street March 11, 2025 | Posted in Press Releases Committee on Small Business Releases Report on Federal Agency Compliance with RFA May 22, 2024 | Posted in Press Releases Chairman Williams, Rep. Van Duyne Write to GEC to Further Investigation into Censorship May 17, 2024 | Posted in Press Releases Chairman Williams, Senator Ernst Issue Statement on SBA Refusal to Comply, Importance of Congressional Oversight May 15, 2024 | Posted in Press Releases Chairman Williams Writes to DOE, EPA, and DOL Regarding Concerns Over New Proposed Rules March 13, 2024 | Posted in Press Releases
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