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Export Reform Rules Take Effect After Anti-Gun States (Mostly) Strike Out in Court

Monday, March 16, 2020

Export Reform Rules Take Effect After Anti-Gun States (Mostly) Strike Out in Court

On March 9, President Trumps historic Export Reform initiative officially got underway, as companion rules published by the U.S. Departments of State and Commerce took effect. These rules are aimed at modernizing Americas regime for exports of non-military firearms and ammunition and will promote both U.S. businesses and national security. An effort to block implementation of the rules by the attorneys general of 20 states and the District of Columbia largely failed, with the judge suspending only a narrow portion of the State Department rule that pertains to so-called 3-D printed firearms.”

Under the new rules, exports of non-military firearms (including most semi-automatic firearms) and their ammunition, parts, and accessories have moved from the jurisdiction of the U.S. State Department to the U.S. Commerce Department. The Commerce Department has for many years regulated the exports of non-military shotguns and shotgun shells.

The main benefits of this change are twofold. First, it will free up the State Departments oversight resources to tighten security around Americas most consequential and game-changing military technology. Meanwhile, the same sorts of firearms that can easily be obtained at big box retailers in the U.S. will be subject to a more business-friendly export climate that will allow U.S. manufacturers to compete on fairer footing in overseas markets.

These moves will ensure that foreign customers will have better access to Americas best-in-class products and that the whole international community will benefit from the professionalism and integrity of Americas export licensing and end-use verification protocols.

Simply put, there is no better safeguard against the diversion of firearms and ammunition into unlawful foreign markets than for the U.S. government to be overseeing the sales and transfers of small arms. This is only possible, however, if U.S. companies can realistically compete for foreign business. That was difficult when every commercial export of a firearm had to go through the same State Department vetting as the transfer to a foreign country of such sophisticated military technology as nuclear submarines or surface-to-air missiles. This was the case under the former regime.

To say the Commerce Department takes a more business-friendly approach to regulation, however, does not mean firearm exports will now be de-controlled or unregulated. Licensing – subject to inter-agency consultation on any risks posed by the potential customer – will still be required. All exports of firearms and ammunition will also have to comply with the laws of the destination country.

But instead of perhaps China or Russia selling firearms to a police department overseas with whatever haphazard scrutiny that might entail, it will now be more likely that a U.S. company can successfully compete for the same business.

Another benefit of Export Reform is that it will free non-exporting small businesses from the red tape and high fees of the State Department regulations. Every business that manufactures an item on the State Departments U.S. Munitions List” (USML) is subject to an annual registration requirement, which includes a $2,250 registration fee. This requirement applies even to businesses that dont export products and formerly included many gunsmiths whose only manufacturing” was upgrading existing firearms. Commercial firearms and ammunition manufacturers, as well as gunsmiths, already must register with the ATF, however, which made this requirement not only burdensome and expensive but largely duplicative.

Despite (or perhaps because of) the obvious benefits of the rule change, anti-gun attorneys general in various states and the District of Columbia had sued in federal court in Washington State to block the rules from going into effect. They claimed the process by which the rules were formulated was procedurally defective because the proposed rules did not contain specific discussions of how the regulatory changes would affect access to so-called 3-D printed firearms. This, they insisted, meant that the public could not adequately comment on this aspect of the rules and that the rules were arbitrary and capricious” and contrary to the underlying statutes.

In fact, the proposed rules were clear enough on how 3-D printing would be implicated to generate dozens, if not hundreds, of comments on that specific issue, including from those highly critical of how it would be handled.

And in response to those criticisms, the Commerce Department added a provision to its final rule to ensure that the online publication of code that could be used by a 3-D printer to produce a firearm or firearm frame or receiver would continue to be treated as a regulated transaction. This change essentially preserved the status quo of how the State Department regulates 3-D printing technology for firearms.

Nevertheless, the judge in the case employed some strenuous legal contortions to focus his consideration on the State Departments removal of certain 3-D printing technology from the U.S. Munitions list and not on the effect of the remedial provisions within the Commerce rule.

The upshot of this was that the court dismissed the Commerce Departments fix for the 3-D printing issue in a footnote and found that the State Departments removal of 3-D printing technology for the affected firearms from the USML likely violated the Administrative Procedures Act.

Fortunately (and perhaps in tacit recognition of the decisions questionable foundations), the court blocked the rules only as they applied to removal from the USML of technical data and software directly related to the production of firearms or firearm parts using a 3D-printer or similar equipment.” This change, however, does not diminish the considerable good that the rules otherwise accomplish.

The NRA is grateful to President Trump for his leadership in this effort and is pleased to see a strongly pro-gun project that was years in the making finally come to fruition. 

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Rhode Island:  Gun Bans On Tap In Providence Next Week

Friday, April 3, 2026

Rhode Island: Gun Bans On Tap In Providence Next Week

On Wednesday April 8, the House Judiciary Committee will meet in the House Lounge at 4 p.m. to launch an historic attack on our Second Amendment rights. 

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Ammunition Serialization: The Five-Cent Fiasco in Illinois

News  

Monday, March 30, 2026

Ammunition Serialization: The Five-Cent Fiasco in Illinois

Democrat officials in Illinois have long taken unabashed pride in the abridgement of Second Amendment rights, and their latest attempt at “bullet control” is again making headlines.

Trump Administration Continues to Deliver for Gun Owners with Recent Initiatives

News  

Monday, April 6, 2026

Trump Administration Continues to Deliver for Gun Owners with Recent Initiatives

Amid a steady stream of headlines highlighting anti-gun legislative proposals in the states, ongoing litigation battles, and regulatory uncertainty, there is also good news to report on the Second Amendment front, courtesy of the Trump ...

Anti-gun Chicago Mayor Spends Astronomical Amounts of Tax Dollars on Armed Security

News  

Monday, April 6, 2026

Anti-gun Chicago Mayor Spends Astronomical Amounts of Tax Dollars on Armed Security

Chicago Mayor Brandon Johnson, who was dragged for spending over $30,000 of his campaign funds on hair and makeup in a year, is now facing scrutiny over the optics and price tag of his personal security force.

Kentucky: Governor Beshear Vetoes Pro-Gun Bills - Urge Your Legislators to Override!

Friday, April 3, 2026

Kentucky: Governor Beshear Vetoes Pro-Gun Bills - Urge Your Legislators to Override!

On Thursday, April 2nd, Governor Andy Beshear vetoed two pro-gun bills, House Bill 78 and House Bill 312.

West Virginia: Governor Morrisey Signs Constitutional Carry Expansion Bill

Thursday, April 2, 2026

West Virginia: Governor Morrisey Signs Constitutional Carry Expansion Bill

On Wednesday, April 1st, Governor Patrick Morrisey signed House Bill 4106, expanding constitutional carry provisions to 18-20 year olds.

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

News  

Monday, April 6, 2026

Trump Administration Addresses Defensive Carry for Active-Duty Military Members

Just as we were finalizing another article this week on pro-gun initiatives by the Trump Administration, yet another example was announced. 

California Court’s “Technical Issue” Nullifies Background Checks

News  

Monday, March 30, 2026

California Court’s “Technical Issue” Nullifies Background Checks

California, already well known for its de-policing, non-prosecution, and other soft-on-crime policies, has taken enabling criminals to a whole new level.

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to NFA Restrictions on Suppressors

Thursday, April 2, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to NFA Restrictions on Suppressors

The National Rifle Association joined the Second Amendment Foundation, American Suppressor Association, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and the Citizens Committee for the Right to Keep and ...

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.