A coalition of Republican senators led by Senator John Cornyn (R-TX) sent a letter to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on Thursday, urging the agency to rescind several Biden-era gun regulations that they argue infringe on Americans’ Second Amendment rights.
The letter, addressed to ATF Deputy Director Marvin G. Richardson, calls for immediate action to align the agency’s policies with President Donald Trump’s recent executive order, Protecting Second Amendment Rights.
On February 7, 2025, President Trump signed an executive order directing Attorney General Pam Bondi to review and develop a plan to address what he called “unlawful firearms regulations” enacted under the Biden administration. The order reaffirmed the administration’s commitment to protecting the constitutional rights of law-abiding gun owners.
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In their letter, the senators emphasized the need for the ATF to swiftly comply with the executive order by rolling back what they described as “anti-Second Amendment regulations and policies.”
The senators highlighted several Biden-era rules that they argue unfairly target law-abiding gun owners and must be rescinded immediately:
- The “Engaged in the Business” Rule: This rule, which aimed to expand background checks by redefining who is considered a firearms dealer, has faced legal challenges. A federal court temporarily enjoined its enforcement, ruling that it violated the Gun Control Act. The senators called the rule an “unconstitutional attempt to impose universal background checks.”
- The Pistol Brace Rule: This regulation reclassified pistols equipped with stabilizing braces as “short-barreled rifles,” subjecting them to stricter regulations under the National Firearms Act. The senators criticized the rule for making “law-abiding Americans felons overnight” and noted that multiple courts have found it to be arbitrary and capricious. They also highlighted its impact on disabled veterans who rely on stabilizing braces to shoot heavy pistols.
- The “Ghost Gun” Rule: This rule targeted privately made firearms, often referred to as “ghost guns,” by imposing new regulations on unfinished frames and receivers. The senators argued that the rule infringes on a longstanding tradition of Americans building their own firearms and noted that the regulation is currently before the Supreme Court.
- The “Zero Tolerance” Policy: Under this policy, the ATF revoked federal firearms licenses (FFLs) over minor bookkeeping violations, a departure from decades of precedent. The senators called for the restoration of licenses for FFLs that were unfairly revoked or surrendered under duress.
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The senators also urged the ATF to destroy hundreds of millions of outdated ATF Form 4473 firearm transaction records and other licensee records that are over 20 years old. They argued that these records, which contain sensitive information about law-abiding gun owners, have no law enforcement value and contribute to an unconstitutional “gun owner registry.”
“Ending the policy of retaining these very old records will save money for the American taxpayer and counteract ATF’s unconstitutional rule change,” the letter stated.
The senators called on the ATF to improve the efficiency of NFA application processing, noting that while wait times have improved, further action is needed to ensure that the process is as efficient as the National Instant Criminal Background Check System (NICS).
“A right delayed is a right denied,” the letter emphasized.
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The letter was signed by 31 Republican senators, including prominent figures such as Ted Cruz (R-TX), Lindsey Graham (R-SC), and Marsha Blackburn (R-TN). The senators expressed their commitment to working with the ATF to implement President Trump’s agenda and reorient the agency toward protecting Americans’ Second Amendment rights.
The push to roll back Biden-era gun regulations reflects the Trump administration’s broader efforts to prioritize Second Amendment protections and reduce federal overreach. The senators’ letter underscores the ongoing debate over gun rights and the role of federal agencies in regulating firearms.
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