NW Georgia News

Congressman Andrew Clyde, along with fellow House Republicans, has demanded an investigation into the rejection of 40,000 petitions by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). These petitions were aimed at opposing a firearms rule and expressed concerns about potential infringements on citizens' First Amendment rights. The primary focus of these petitions was to challenge a proposed redefinition of Federal Firearms Licensee language.

In a press release issued by his office, Congressman Clyde said: "The ATF’s flagrant disregard for 40,000 Americans' First Amendment freedoms is beyond the pale. Time and time again, unelected anti-gun bureaucrats within the ATF shamelessly undermine, disrespect, and violate law-abiding citizens' unalienable rights — representing a dangerous pattern of the agency’s contempt for the U.S. Constitution. If the ATF fails to accept these petitions from the National Association for Gun Rights’ members and supporters, Congress must investigate the agency’s unconstitutional tactics and abuse of power to ensure this malfeasance never happens again."

According to National Review, this development follows the Notice of Proposed Rulemaking titled "Definition of 'Engaged in the Business' as a Dealer in Firearms," signed by U.S. Attorney General Merrick Garland on August 30. This notice suggests that selling a gun for profit to any individual - including family members - would qualify as being "engaged in the business" of firearms dealing. Consequently, private sellers would need to comply with federal requirements such as obtaining a federal permit, conducting background checks and completing gun registration paperwork before finalizing transactions.

As per the letter sent by lawmakers, it underscores the mandated public input in rulemaking processes by federal agencies as stipulated by the Administrative Procedures Act (APA). It emphasizes that agencies should inform the public, establish consistent standards and allow public participation. The letter also raises questions about potential hindrance of public input by BATFE and expresses concerns about the agency's adherence to the public comment process.

According to the same letter, the National Association for Gun Rights reported that their attempt on November 30, 2023, to deliver approximately 40,000 petitions to BATFE was met with refusal and they were directed to leave the property.