The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is reportedly preparing a new rule to regulate private gun sales, requiring background checks via the FBI.
Empower Oversight, representing IRS agents in the Hunter Biden case, has raised concerns about the move, calling it an “unconstitutional” power grab.
The group argues that only Congress has the authority to enact such changes due to a 1986 law prohibiting background checks for private firearm sales.
“Such an expansive rule that treats all private citizens the same as federal firearms licensees would circumvent the separation of powers in the Constitution, which grants ‘all legislative Powers’ to Congress while requiring that the President ‘take Care that the Laws be faithfully executed,’” Empower Oversight’s letter read.
They also highlighted potential confrontations between ATF agents and private citizens, citing past incidents.
“To the extent such a rule prevents the private sale of firearms, it would also clearly violate the Second Amendment to the United States Constitution, which declares that ‘the right of the people to keep and bear Arms, shall not be infringed,’” the letter added.
“The lessons of the Ruby Ridge and Waco standoffs should make clear that attempting to enforce such an expansive regulation could endanger countless ATF field agents who are forced to serve as the face of the Biden Administration in going after private firearms owners for constitutionally-protected firearms sales,” the letter said.
Gun sales have surged amid concerns about rising crime and terrorism threats.
President Biden’s executive order and subsequent ATF proposed rule have raised concerns among Second Amendment advocates, leading to worries about mandating registration as a Federal Firearms Licensee (FFL) for any private individual selling even a single firearm online.
