Attorney General Carr joined a 20-state coalition in arguing against the Biden administration’s proposed regulation of firearm parts.
The attorneys general contend a proposed rule set forth by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) exceeds authority granted to the bureau under the Gun Control Act of 1968.
The public comments, filed Thursday, give particular attention to the proposal’s expanded definition of a receiver, the already heavily regulated part of a firearm that houses its firing mechanism. The attorneys general argue the rule would grant ATF unconstitutionally unrestrained discretion over which parts are subject to the regulation. This would — as ATF admits — put many parts manufacturers out of business and significantly increase costs for others, which will likely result in lost jobs and higher prices for consumers.
The coalition argues that federal law only authorizes ATF to regulate complete firearms and complete receivers – not incomplete firearms or receivers (with the exception of machineguns).
The attorneys general also contend the rule is unconstitutional as it would sidestep Congress and unlawfully usurp broad policymaking discretion for ATF – flexibility and authority not already granted to the bureau.
The coalition further argues that ATF did not fully consider the costs of changing a longstanding policy upon which many people and businesses rely. It cites the ATF’s own analysis in stating the rule would force at least 35 businesses to cease operation or significantly scale down their activities. The attorneys general, however, argue the bureau underestimates the financial loss contending it would far exceed the rule’s $1.1 million estimate.
The states note a shared duty for ensuring public safety and contend ATF efforts to resolve the coalition’s concern would be a first step toward developing policies that combat crime, while also respecting the Constitution.
Georgia joined the comments with attorneys general in Alabama, Alaska, Arizona, Arkansas, Florida, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota and West Virginia.
