The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has stirred controversy with its proposed rule ATF2022R-17, potentially inching the U.S. closer to Universal Background Checks, a term critics say is a guise for Universal Gun Registration. The rule, aiming to redefine ‘Engaged in the Business’ as a Dealer in Firearms, closed its public commenting period on December 7th, drawing significant opposition from gun rights groups including the National Association for Gun Rights and Texas Gun Rights.
Gun owners and advocates are deeply opposed to a gun registry, seeing it as a precursor to future confiscation. They argue that the ATF is overstepping its authority by implementing rules with the weight of law, a power constitutionally reserved for Congress under the separation of powers. This concern over separation of powers has been a longstanding issue with the ATF’s rule-making authority.
The opposition to ATF2022R-17 is partly fueled by the success of legal challenges against the ATF by organizations like Texas Gun Rights, which secured preliminary injunctions against the agency’s bans on forced reset triggers and pistol stabilizing braces. These victories have emboldened gun rights groups, who now promise to file a third lawsuit if ATF2022R-17 is implemented.
The proposed rule change has thus become a flashpoint in the ongoing debate over gun control and the extent of ATF’s regulatory authority, highlighting the tension between gun rights advocacy and efforts to enforce stricter gun laws.
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