Washington, D.C. — Today, Congressman Andrew Clyde (GA-09) and 107 original cosponsors introduced legislation, the Stopping Unconstitutional Background Checks Act, to prohibit the implementation of and funding for the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) proposed rule titled "Definition of ‘Engaged in the Business’ as a Dealer in Firearms."

 

On August 30th, U.S. Attorney General Merrick Garland signed the ATF’s notice of proposed rulemaking 2022R-17, "Definition of ‘Engaged in the Business’ as a Dealer in Firearms," which redefines language pertaining to buying and selling guns. The proposed rule would require private citizens to obtain a federal firearms license, conduct a background check, and complete gun registration paperwork to sell even a single firearm. 

 

"This proposed rule marks the Biden Administration’s latest attempt to infringe on Americans’ Second Amendment rights, institute universal background checks, and advance the Left’s radical gun control agenda," said Clyde. "Private citizens should not be forced to jump through unelected anti-gun bureaucrats’ unconstitutional hurdles in order to engage in lawful firearms transactions. The ATF’s concerning pattern of criminalizing the American people for exercising their unalienable right to keep and bear arms must be met with swift congressional action. My legislation provides a simple solution to block the implementation of and funding for this unlawful, convoluted, and burdensome rule — protecting Americans’ Second Amendment liberties from the Biden Administration’s nefarious overreach." 

 

Original cosponsors include: Representatives Robert Aderholt (AL-04), Mark Alford (MO-04), Rick Allen (GA-12), Mark Amodei (NV-02), Kelly Armstrong (ND-At-Large), Jodey Arrington (TX-19), Brian Babin (TX-36), Don Bacon (NE-02), Jim Baird (IN-04), Aaron Bean (FL-04), Jack Bergman (MI-01), Stephanie Bice (OK-05), Andy Biggs (AZ-05), Gus Bilirakis (FL-12), Dan Bishop (NC-08), Lauren Boebert (CO-03), Mike Bost (IL-12), Josh Brecheen (OK-02), Tim Burchett (TN-02), Eric Burlison (MO-07), Michael Burgess (TX-26), Kat Cammack (FL-03), Jerry Carl (AL-01), John Carter (TX-31), Michael Cloud (TX-27), Mike Collins (GA-10), Eli Crane (AZ-02), Dan Crenshaw (TX-02), Warren Davidson (OH-08), Scott DesJarlais (TN-04), Byron Donalds (FL-19), Jeff Duncan (SC-03), Neal Dunn (FL-02), Mike Ezell (MS-04), Randy Feenstra (IA-04), Drew Ferguson (GA-03), Brad Finstad (MN-01), Chuck Fleischmann (TN-03), Russell Fry (SC-07), Tony Gonzales (TX-23), Bob Good (VA-05), Lance Gooden (TX-05), Paul Gosar (AZ-09), Marjorie Taylor Greene (GA-14), Morgan Griffith (VA-09), Glenn Grothman (WI-06), Brett Guthrie (KY-02), Harriet Hageman (WY-At-Large), Andy Harris (MD-01), Kevin Hern (OK-01), Clay Higgins (LA-03), French Hill (AR-02), Ashley Hinson (IA-02), Richard Hudson (NC-09), Darrell Issa (CA-48), Ronny Jackson (TX-13), Bill Johnson (OH-06), Dusty Johnson (SD-At-Large), Mike Kelly (PA-16), Trent Kelly (MS-01), David Kustoff (TN-08), Doug LaMalfa (CA-01), Doug Lamborn (CO-05), Nick Langworthy (NY-23), Bob Latta (OH-05), Jake LaTurner (KS-02), Debbie Lesko (AZ-08), Barry Loudermilk (GA-11), Anna Paulina Luna (FL-13), Thomas Massie (KY-04), Rich McCormick (GA-06), Mary Miller (IL-15), John Moolenaar (MI-02), Alex Mooney (WV-02), Barry Moore (AL-02), Nathaniel Moran (TX-01), Troy Nehls (TX-22), Ralph Norman (SC-05), Andy Ogles (TN-05), Gary Palmer (AL-06), Scott Perry (PA-10), Bill Posey (FL-08), Guy Reschenthaler (PA-14), John Rose (TN-06), Matt Rosendale (MT-02), Chip Roy (TX-21), John Rutherford (FL-05), Austin Scott (GA-08), Keith Self (TX-03), Pete Sessions (TX-17), Adrian Smith (NE-03), Pete Stauber (MN-08), Elise Stefanik (NY-21), Greg Steube (FL-17), Claudia Tenney (NY-22), Tom Tiffany (WI-07), William Timmons (SC-04), Glenn “GT” Thompson (PA-15), Jeff Van Drew (NJ-02), Beth Van Duyne (TX-24), Tim Walberg (MI-05), Michael Waltz (FL-06), Randy Weber (TX-14), Daniel Webster (FL-11), Bruce Westerman (AR-04), Roger Williams (TX-25), and Rudy Yakym (IN-02).

 

Supporting organizations include: Gun Owners of America (GOA), National Association for Gun Rights (NAGR), National Rifle Association (NRA), and the National Shooting Sports Foundation (NSSF).

 

"While Congress has made it clear that the federal government may not create a registry of guns and gun owners, that's not stopping Joe Biden’s ATF from using every tool in its arsenal to weaponize the background check system to build a digital database of firearm transaction records. This backdoor 'Universal Background Check' rule, which attempts to require anyone selling just one gun in a year to keep gun registration paperwork, is a violation of the Second Amendment and is only enforceable with ATF’s illegal gun registry -- which the ATF Director admits is already very real. GOA thanks Congressman Clyde for standing up to this rogue regime's actions," said Aidan Johnston, the Director of Federal Affairs for Gun Owners of America.

 

"Yet again, the ATF is attempting to circumvent Congress and the law-making process in order to implement their radical gun control agenda on the American people. This time in the form of universal gun registration. Rep. Clyde's urgency and dedication to this issue is unmatched, and we ask that other pro-gun members of Congress follow his lead," said Hunter King, NAGR Director of Government Relations.

 

"The ATF’s proposal to redefine ‘Engaged in the Business’ is another example of the Biden Administration attempting to circumvent the U.S. Congress and radically re-write federal law," said Randy Kozuch, Executive Director of the NRA’s Institute for Legislative Action. "On behalf of our millions of members, the National Rifle Association thanks Representative Clyde for his leadership to block this unlawful rule."  

 

"The Stopping Unconstitutional Background Checks Act is important because it will stop the ATF from yet again exceeding the authority granted to it by Congress to unconstitutionally legislate, which only Congress has the authority to do. Implementing the proposed rule would harm industry members’ ability to run their businesses because it will divert ATF resources away from providing required services to the industry like processing NFA forms, issuing import permits, renewing licenses, and providing product classifications — all of which already take too long — to license and inspect gun owners and collectors Congress does not require to have a license. NSSF thanks Congressman Clyde for his leadership to assert Congress’ sole authority to legislate and to rein in ATF’s overreach," said Lawrence G. Keane, NSSF Senior Vice President and General Counsel.

 

Text of the legislation can be found HERE.

 

Read Breitbart’s exclusive on the legislation HERE.