By Larry Keane
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is beginning the reform work directed by President Donald Trump’s Executive Order on Protecting Second Amendment Rights. Those reforms, reportedly, could include changes in firearm regulations as well as budget adjustments and achieving manpower efficiencies.
That’s welcome news and a delivering on reform efforts announced earlier this year by the Trump administration. NSSF has called for ATF reforms for years, especially after the Biden administration wielded the ATF as a bludgeon against the firearm industry for political reasons.
In response to a request from ATF, the Department of Government Efficiency (DOGE) has reportedly sent some lawyers to assist ATF with its goal to change 47 regulations – a reference to President Trump as the 47th president, according to Newsmax – but could go higher with changes reportedly set for 50 regulations. Some of those proposals could be ready for review as soon as July 4. Robert Leider, ATF’s General Counsel, is supervising the effort. He’s gained admiration for his stalwart support of the Second Amendment.
Reforms Over Change
That’s all against the backdrop of the Trump administration’s proposal to merge the ATF into the Drug Enforcement Administration (DEA), which requires Congressional approval. That’s a move NSSF doesn’t think is the best for gun owners or the industry. Course corrections are already taking place within the ATF and NSSF believes that’s the best way forward. President Trump named FBI Director Kash Patel, and later Army Secretary Daniel Driscoll as ATF’s Acting Director. That was followed shortly by the announcement that Robert Cekada was named as the ATF’s Deputy Director, who brings over two decades of ATF experience and three decades of law enforcement understanding to the job. But combining the two agencies, which is not a new idea, could invite future administrations to revive the Biden administration-era abuses yielding a significantly larger federal agency against the industry and gun owners. Further, the deep relationships between NSSF and ATF are at stake and ATF has long recognized that the firearm industry – and firearm retailers, specifically – are vital to preventing illegal firearm trafficking.
NSSF also has concerns with the Trump administration’s plans to slash ATF’s budget by about $480 million. Efficiencies can be found and DOGE’s work inside ATF is welcome. The budget can be slimmed but might be better done with a scalpel instead of a meat cleaver. Deep cuts could negatively impact both the firearm industry and customers who want to buy guns. Drastic budget cuts could come at the expense of National Firearms Act (NFA) form approvals, import permits, license issuance and renewals and product classifications.
None of this is to say that the sky is falling, as some critics would have you believe. DOGE has proven that it can find better ways of doing business and identifying duplicitous, outdated and unnecessary regulations.
Reforms Underway
Reforms at ATF are already happening. NSSF is working to bring about more changes. Reuters reported that ATF said it was “reviewing and modernizing its regulations consistent with” President Trump’s Executive Order and U.S. Attorney General Pam Bondi’s establishment of a Second Amendment Task Force to advance, protect and promote compliance with the Second Amendment. “This modernization project focuses on ATF’s enforcement on violent criminals, while reducing the unnecessary burdens on lawful gun owners and dealers.”
Those are the reforms that started with President Trump’s Executive Order to have AG Bondi examine all orders and regulations to assess if they infringe on the Second Amendment rights of law-abiding citizens. The reforms started almost immediately. The Department of Justice (DOJ), along with ATF, formally announced the end of the “zero tolerance” policy and is reconsidering the “Engaged in the Business” Final Rule and the Final Rule regarding factoring criteria for firearms with attached “stabilizing braces.” NSSF applauded those announcements.
ATF recently issued two new rulings that allow for the importation of non-lethal training rounds, or simulation rounds, mostly used by the military and law enforcement for training purposes, and for dual-use barrels. The training rounds were banned for import in 2023 by the Biden administration. Dual-use barrels were banned for import in 2005 if they had previously been used in a firearm determined to be “non-sporting.”
ATF also confirmed to NSSF that the Demand 2 Program is ending. That program, begun in February of 2000 during the antigun Clinton administration, required federal firearms licensees (FFLs) that have 25 or more firearms traced back to them subsequent to the recovery at a crime scene and the time from retail sale to trace is three years or less (what ATF calls “time-to-crime”) to submit an annual report followed by quarterly reports of used firearms acquired by the firearm retailer. NSSF has been critical of the misuse of this protected firearm trace data to attempt to “name-and-shame” firearm retailers for crimes in which they had no involvement. And, NSSF has also confirmed that ATF is working to simplify and shorten the Form 4473, making it less cumbersome for firearm retailers and the customers they serve.
NSSF is eagerly awaiting further reforms as ATF refocuses on its core mission of combating violent crime with the industry as its partner.
Larry Keane is Senior Vice President of Government and Public Affairs and General Counsel for the National Shooting Sports Foundation, the firearms industry trade association.
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