The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is reviewing thousands of comments on a package of regulatory changes, with at least one proposal to ease the regulatory burden having been derailed by negative comments from anti-Second Amendment groups.
Acting Attorney General Todd Blanche revealed during an April 29 press conference that at least 34 proposed rule changes would be published by ATF, including repeal of the “stabilizing brace” and “Definition of ‘Engaged in the Business’ as a Dealer in Firearms” rules imposed by the Biden administration, as well as altering a third regulation that the Biden administration used to target so-called “bump stocks.” Gun Owners of America Director of Federal Affairs Aidan Johnston noted that rulemaking – like the package Blanche announced – is covered under the Administrative Procedures Act, which led to one proposed rule being pulled, then resubmitted by a different process.
“One of the key ways that you challenge is to argue that they didn’t follow the correct procedure, so it’s very important to participate in the notice and comment period because you’re essentially building the record if you’re opposed to a rule as to why the agency did or did not follow the Administrative Procedures Act,” Johnston explained. “There was one ATF rule that they issued as a direct to final rule, there’s no notice and comment period and you’re only allowed to do that if no one opposes the rule.”
“Well, the anti-gunners filed a comment that opposed the rule and forced the Trump administration to withdraw the rule and then reissue it, but not as a final rule, but as a notice of proposed rulemaking with a comment period,” Johnston continued. “So if they hadn’t done that, then the anti-gunners would have been able to take it to court and immediately show they violated the Administrative Procedures Act.”
The proposed rule would have eased transfers between Federal Firearms License holders by permitting the use of “eZ Check” system, which allowed a dealer to verify the validity of another dealer when transferring firearms. ATF withdrew the rule after anti-Second Amendment groups complained about the plans to revise the cumbersome process currently in effect.
Second Amendment Foundation Director of Legal Research and Education Konstadinos Moros told the Daily Caller News Foundation that the comment period can, at times, make or break a rule.
“The comments matter because ATF has to, or not just ATF, the rulemaking in general, they have to read and respond to the comments,” Moros said. “Sometimes when they file the final rule with any changes, there’ll be like hundreds of pages responding to them.”
“Now they don’t have to respond to the ones that are just clearly spam or repetitive,” Moros continued. “If there’s, sometimes people say, send this comment to ATF and like a thousand people copy and paste it, they’ll only respond to the one, of course, not each one, if it’s just repeated, but the substantive comments generally get responses and if the feedback is overwhelmingly negative, that’ll often put pressure on ATF or whatever agency to not go forward with the rule.”
Among those filing comments opposing items in the package were Democratic Sens. Dick Durbin of Illinois, Adam Schiff of California, and Chris Murphy and Richard Blumenthal of Connecticut, who objected to the ATF’s proposed regulations regarding interstate travel with firearms. Anti-Second Amendment groups have reportedly threatened to file suits to block the changes.
“ATF cannot reliably determine that it has selected the minimum necessary degree of preemption while acknowledging that it lacks sufficient information to assess the relevant state regulatory landscape and resulting costs,” the senators claimed.
“SAF is aware that ATF does not have the power to unilaterally implement carry permit reciprocity through agency rulemaking, and we make no such request here. But the Proposed Rule, which is very much within ATF’s power to enact, would bring interstate travel with firearms much closer to what the Second Amendment demands, and would end some of the nightmare scenarios travelers currently face,” SAF said in its own comment letter on the regulation.
Johnston told the DCNF that GOA might still pursue legal action against ATF over some of the proposed rules.
“Gun Owners of America has filed more than a half dozen comments complaining about these rule changes,” Johnston said. “And I suspect that we will file some lawsuits against the administration if these rules aren’t improved.”
Everytown, Giffords and ATF did not immediately respond to requests for comment from the DCNF.
(DCNF)