Florida Rep. Matt Gaetz warned on Friday that the Biden administration seeks to impose new regulations for universal background checks for gun sales after initially caving to opposition to such a plan.
But the Fort Walton Beach Republican also assured gun owners that House Republicans would fight the measure, which he labeled unconstitutional, if it in fact, comes to light.
In an email to constituents on Friday, Gaetz noted that the Bureau of Alcohol, Tobacco, Firearms and Explosives, acting at President Joe Biden’s orders, drafted a rule in August 2023 to ramp up background checks for private gun sales.
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But, Gaetz wrote, “The public fought back, issuing numerous comments opposing the rule.” It seemed the idea was tabled.
Now, according to Gaetz, citing word from whistleblowers, the rule has been revived and may be released soon.
Gaetz was likely referring to the work of Empower Oversight, a watchdog group.
The conservative website The Federalist reported this week that Empower Oversight had warned that the ATF and the Biden Justice Department were working toward regulation of private firearms sales.
“Empower Oversight confirmed the ATF is prepared to move forward with a rule that would classify a closed-door gun sale between friends or family members the same as firearm purchases made from FFLs [dealers with a federal firearms license],” the Federalist noted.
The outlet reported that the rule would redefine who qualifies as a gun dealer. That would force collectors, enthusiasts and everyday gun owners to become licensed just like FFLs if they opt to sell any of their weapons.
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That violates a 1986 law enacted by President Ronald Reagan that exempted people who make “occasional” sales or purchases of guns from licensing.
“The ATF, undeterred by the current U.S. code and complaints about infringement on law-abiding citizens’ Second Amendment rights, has continued behind closed doors to foster support for the Biden rule,” the Federalist reported.
Empower Oversight noted that Biden proclaimed in March 2023 that he wanted the U.S. to move “as close to universal background checks as possible without additional legislation” — meaning he would bypass Congress.
Recently, On X, Empower Oversight President Tristan Leavitt, who has filed a public records request seeking the ATF’s documents on the proposed rule, wrote, “Such a sweeping rule with the effect of banning private sales would 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.’”
“It would also 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,’” Leavitt added.
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Gaetz said GOP lawmakers were gearing up to fight Biden’s encroachment into private gun sales.
This rule “could be a legal fig leaf for universal background checks, including single sales, and including at gun shows,” Gaetz said in the email.
“Such a rule would be unacceptable, illegal, and unconstitutional. You can be assured that House Republicans will be all over this rule if and when it comes out.”
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