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Rep. Clyde Introduces CRA to Nullify ATF’s Universal Background Check Rule

WASHINGTON, D.C. — Today, Congressman Andrew Clyde (GA-09) and 86 original cosponsors introduced a Congressional Review Act (CRA) joint resolution of disapproval to overturn the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) rule titled “Definition of ‘Engaged in the Business’ as a Dealer in Firearms.” Sens. John Cornyn (R-TX) and Thom Tillis (R-NC) are leading the companion resolution in the Senate.


On April 10th, U.S. Attorney General Merrick Garland signed the ATF’s final rule 2022R-17F, “Definition of ‘Engaged in the Business’ as a Dealer in Firearms,” which redefines language pertaining to buying and selling guns. The rule requires private citizens to obtain a federal firearms license, conduct a background check, and complete gun registration paperwork to sell even a single firearm.


“Time and time again, the Biden Administration abuses its rule-making authority to infringe on Americans’ unalienable right to keep and bear arms,” said Clyde. “The ATF’s ‘engaged in the business’ rule represents President Biden’s latest effort to institute universal background checks, advance the Left’s radical gun control agenda, and violate the American people’s Second Amendment freedoms. Private citizens must never be forced to jump through unelected, anti-gun bureaucrats’ unconstitutional hurdles to engage in lawful firearms transactions. I urge my colleagues in both chambers to support our measure to overturn the ATF’s disastrous rule.”


“This rule is proof that the Biden administration is a dishonest broker, and Congress must hold it accountable for its actions in favor of its gun-grabbing liberal base over the Constitutional rights of law-abiding Americans,” said Sen. Cornyn. “We will fight this lawless rule tooth and nail to ensure the God-given right to keep and bear arms is preserved and this flagrant distortion of congressional intent of our landmark mental health and school safety law is struck down.”


“It is outrageous that the Biden Administration decided to take a good faith effort to curb the mental health crisis across our country and turn it into an unconstitutional attempt to restrict firearms from law-abiding American citizens,” said Sen. Tillis. “This overreach is exactly why Republicans don’t trust this Administration, and it will setback any attempt on future bipartisan legislation as long as President Biden is in office. I encourage my colleagues to support this CRA we introduced and immediately overturn this ridiculous regulation.”


Original cosponsors include Representatives Robert Aderholt (AL-04), Rick Allen (GA-12), Kelly Armstrong (ND-At-Large), Brian Babin (TX-36), Troy Balderson (OH-12), Aaron Bean (FL-04), Cliff Bentz (OR-02), 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), Kat Cammack (FL-03), Ben Cline (VA-06), Michael Cloud (TX-27), Mike Collins (GA-10), Eli Crane (AZ-02), Dan Crenshaw (TX-02), Warren Davidson (OH-08), Byron Donalds (FL-19), Jeff Duncan (SC-03), Neal Dunn (FL-02), Jake Ellzey (TX-06), Ron Estes (KS-04), Mike Ezell (MS-04), Randy Feenstra (IA-04), Chuck Fleischmann (TN-03), Mike Flood (NE-01), Scott Franklin (FL-18), Tony Gonzales (TX-23), Bob Good (VA-05), Lance Gooden (TX-05), Paul Gosar (AZ-09), Sam Graves (MO-06), Marjorie Taylor Greene (GA-14), Glenn Grothman (WI-06), Michael Guest (MS-03), Harriet Hageman (WY-At-Large), Andy Harris (MD-01), Diana Harshbarger (TN-01), Clay Higgins (LA-03), French Hill (AR-02), Ashley Hinson (IA-02), Richard Hudson (NC-09), Darrell Issa (CA-48), Doug LaMalfa (CA-01), Nick Langworthy (NY-23), Debbie Lesko (AZ-08), Anna Paulina Luna (FL-13), Tracey Mann (KS-01), 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), Burgess Owens (UT-04), Gary Palmer (AL-06), Scott Perry (PA-10), Bill Posey (FL-08), Guy Reschenthaler (PA-14), Mike Rogers (AL-03), John Rose (TN-06), Matt Rosendale (MT-02), Chip Roy (TX-21), Keith Self (TX-03), Pete Sessions (TX-17), Elise Stefanik (NY-21), Greg Steube (FL-17), Claudia Tenney (NY-24), Tom Tiffany (WI-07), William Timmons (SC-04), Randy Weber (TX-14), Bruce Westerman (AR-04), Roger Williams (TX-25), Steve Womack (AR-03), Rudy Yakym (IN-02), and Ryan Zinke (MT-01).


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


“Gun Owners of America is extremely supportive of Rep. Clyde's efforts to block President Biden's new ATF rule criminalizing private firearms sales, which are protected under the Second Amendment and legal in a majority of states. This is nothing more than an attempt to force gun owners to fill out gun registration paperwork like Forms 4473 before transferring even one firearm to even a family member. The death of Brian Malinowski at the hands of armed ATF agents sent a clear message from the Biden Administration to gun owners: comply or else,” said Aidan Johnston, the Director of Federal Affairs for Gun Owners of America.


“Biden is using the federal rulemaking process to weaponize and expand the ATF’s authority over law-abiding Americans. His latest regulation is an unconstitutional power grab that undermines the Second Amendment and strips citizens of basic judicial rights. Heritage Action stands with Rep. Clyde and supports his resolution to overturn the rule, hold the ATF accountable, and protect Americans’ rights to self-defense and due process,” said Ryan Walker, Executive Vice President of Heritage Action.


“Repeatedly, the Biden administration and ATF demonstrate a blatant disregard for the constitution. Gun owners find themselves besieged from all sides in Biden's America. This ‘engaged in business’ rule represents yet another arbitrary encroachment on our Second Amendment rights. We call on every member of Congress to support this resolution and annul yet another unlawful decree from this tainted ATF,” said Hunter King, NAGR Director of Government Relations.


“With a stroke of the pen, the Biden Administration once again oversteps its authority with this new rule. This regulation threatens to turn tens of thousands of upstanding citizens into criminals for exercising their constitutional rights by selling even a single firearm. The NRA fully supports Senator Cornyn and Representative Clyde’s legislation to invalidate this egregious rule,” said Randy Kozuch, Executive Director of the NRA’s Institute for Legislative Action.


“The ATF’s ‘Engaged in the Business’ Final Rule is President Biden’s unconstitutional attempt to impose by executive rule making a form of so-called ‘Universal Background Checks’ expressly rejected by Congress. This rule threatens law-abiding Americans with criminal sanction including imprisonment for occasionally privately selling firearms, conduct Congress has said does not require a license. The constitution does not grant ATF authority to ‘improve’ on what Congress has enacted or to create from whole cloth crimes not enacted by Congress. NSSF thanks Congressman Andrew Clyde for his leadership to exert Congress’ sole authority to craft criminal law, to constrain the growth of the administrative state that threatens our democracy and to stand up for the rights of law-abiding gun owners,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel.


Bill text is available HERE.


Read Breitbart’s exclusive on the effort HERE.


Related: Rep. Clyde Introduces Legislation to Block ATF's Universal Background Check Rule

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