Explore The NRA Universe Of Websites

APPEARS IN News

Pro-Gun Members of Congress Demand Answers from ATF on Mass Suppressor Application Denials

Monday, March 28, 2022

Pro-Gun Members of Congress Demand Answers from ATF on Mass Suppressor Application Denials

Recently, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) – under the direction of Joe Biden and Merrick Garland – has been on a tear of upsetting settled understandings and changing enforcement policies. But pro-gun members of the United States Senate and House of Representatives have taken note and are now demanding answers of their own.

Gun owners by now are used to the drill, although it never gets more justifiable or legitimate. An anti-gun White House and attorney general assume control, and suddenly years of practice, precedent, and agreed meaning go out the window at ATF.

Even though the words of statutes and – in some cases, regulations – havent changed, things that were understood to be legal are suddenly declared illegal. 

And gun owners and industry members who in good faith are trying to comply with the law while exercising their rights or earning their livings suddenly find themselves threatened with criminal penalties for actions theyve taken openly for years without any suggestion of wrongdoing. Sometimes the actions have even been expressly approved by ATFs own prior statements or rulings.

We have been reporting on one of the latest and most ridiculous examples, in which ATF is denying applications to make suppressors by law-abiding and eligible applicants on the tortured logic that if you can make a suppressor out of something, that thing is already a suppressor.

For example, a flashlight tube or solvent trap can obviously be used for applications having to do with flashlights and gun cleaning.

But if a person wants to repurpose these materials into use in making a suppressor, and volunteers that information to the government with an application to make, register, and pay tax on said item (known as a Form 1), ATF has begun denying that good faith attempt to comply with the law.

Worse, it is suggesting the person may already be a criminal for collecting and possessing the unregistered construction materials, which – so ATFs position now goes – should have been transferred to the person as if they were already suppressors.

Needless to say, ATF cannot cite any case where a person filed a Form 1 to make a suppressor, had it approved, built it, and then went on to use the item illegally, much less to harm or kill someone with it.

Thats because the only people filing these forms are those trying to comply with the law. To target them, and suggest public safety is somehow enhanced, is facially ridiculous. 

Fortunately, numerous senators and members of Congress have demanded ATF answer for this unilateral, persecutory, and unbeneficial reimagining of unchanged law.

Under the leadership of Sen. Steve Daines (R-MT), 25 senators wrote a letter dated March 16 to Acting ATF Director Marvin Richardson, criticizing the move and asking a series of questions to gain perspective, understanding, and background about it.

The ATF is overstepping their authority by rejecting law-abiding Americansattempts to create and own a silencer,” the letter stated.

It then demanded ATF produce answers to such questions as why the recent actions were taken, how ATF makes the relevant determinations, why these applications used to be approved and are now being denied, and ATFs posture toward retroactive enforcement of this policy and attempts to fix violations.” The letter additionally required the production of documents and other evidence related to the development of the new enforcement” policy.

A similar letter dated March 18 was signed by 142 members of Congress under the leadership of Andy Biggs (R-AZ), Ranking Member of the House Subcommittee on Crime, Terrorism, and Homeland Security, within the Judiciary Committee.

The House letter strongly condemned ATFs actions, characterizing them as a continuation of the Biden Administrations assault on AmericansSecond Amendment rights.” It also warned they were contrary to years of ATF precedent and beyond the scope of the agencys authority under federal law.” The letter contained a detailed explanation of how ATF has created a Catch-22 that puts applicants in the position of potentially disclosing what ATF declares illegal activity, simply by attempting to comply with the application process.

The House members also asked ATF to answer questions like those posed by their Senate colleagues and to produce supporting and background evidence.

The NRA is grateful for the leadership of Sen. Daines and Rep. Biggs in these efforts and for our elected officialswillingness to take their oversight responsibilities seriously. As the ONLY law-making body in the U.S. constitutional system, Congress must protect its prerogatives and the rights of innocent Americans from politically-driven overreach by the Executive Branch.

Hopefully ATF will promptly respond to these inquiries, and perhaps even reconsider its new position.

Whatever happens, NRA-ILA will continue to update this unfolding story.

TRENDING NOW
ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

Tennessee: Governor Lee Signs Legislation Protecting Financial Privacy of Gun Owners

Wednesday, April 24, 2024

Tennessee: Governor Lee Signs Legislation Protecting Financial Privacy of Gun Owners

Yesterday, Governor Bill Lee signed SB 2223/HB 2762, legislation that provides important financial privacy protections for gun owners when purchasing firearms, firearm parts, and ammunition. NRA would like to thank Governor Lee for signing this critical piece ...

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

Colorado: Mandatory Vehicle Storage and Training Requirements On The Move!

Tuesday, April 23, 2024

Colorado: Mandatory Vehicle Storage and Training Requirements On The Move!

On Monday, April 22nd, the Colorado Senate passed two anti-gun bills, HB 24-1348 (mandatory vehicle storage) and HB 24-1174 (increased training requirements for concealed carry permits).

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

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.