ATF is Attempting to Change the Constitution… Again

The ATF has a new rule by which they hope to disarm you. It’s called “The Bipartisan Safer Communities Act Conforming Regulations” (2022R-09). This new rule will change the language in the Code of Federal Regulations CFR to be consistent with the changes in federal regulations and statutes created by the Bipartisan Safer Communities Act (BSCA).

The DOJ claims that this new rule will be effective on July 18, 2024 unless ATF receives any adverse comments by May 20, 2024. The comment period for this new rule has ended. This new rule was called a “Direct Final Rule” giving the ability to avoid restraints in place by the “Administrative Procedure Act.” This, in affect making the comment period shorter and more difficult to stop the rule during the comment process.

• 2022R-09 includes an enhanced background check for those under the age of 21, including the allowance for a (10) day waiting period.
• It includes the restrictions for anyone who may have had events occurring when the person was a juvenile and those adjudicated as “mental defect” anytime over the age of 16. This new rule will allow the ATF and the DOJ to dig into everyone’s past in the hopes of finding a reason to disqualify you from purchasing a firearm.
• The new rule authorizes funding for states to implement and enact Extreme Risk Protection Orders, also known as Red Flag Laws. Red flag laws are the confiscation of firearms without due process, often simply based on an accusation. In some states, the accuser can remain anonymous.
• 2022R-09 partially closes the “boyfriend loophole,” including the restriction of firearms from those accused of domestic violence offenses in dating relationships, also extending the restriction to what was previously a misdemeanor offense. These accusations are subject to the risk of false accusations.
• Under this new rule, state and local law enforcement will be notified of all NICS background check denials and given home addresses of the purchaser. In 2022, there were 300,000 background check denials, of which approximately 95% were false positives. A false positive is when a person is denied a firearm based on a background check failure, which most often turns out to be a mistake. Often, background check denials are simply due to errors in paperwork. With this new rule, lawful American citizens run the risk of state and local law enforcement showing up at their houses as a result of this failed background check system.

Alex Shay from Gun Owners of America said the following in response to this new ATF rule: “This is so unconstitutional. They tried to rush it through. Implementation with a Direct Final Rule violating the A.P.A., your 2nd Amendment, 4th, 5th, 6th, and 14th Amendments to the Constitution. These ‘conforming regulations’ may be in line with the language of “The Bipartisan Safer Communities Act,” but it is egregiously out of line with our Constitution and our values of freedom, liberty, and justice for all.”

Our Second Amendment does not read, “The right of the people to keep and bear arms shall not be infringed, as long as the anti-gun, Democrat-controlled ATF approves.”

About Dan Wos, Author – Good Gun Bad Guy

Dan Wos is available for Press Commentary. For more information, contact PR HERE

Dan Wos is a nationally recognized 2nd Amendment advocate, Host of The Loaded Mic and Author of the “GOOD GUN BAD GUY” book series. He speaks at events, is a contributing writer for many publications, and can be found on radio stations across the country. Dan has been a guest on Newsmax, the Sean Hannity Show, Real America’s Voice, and several others. Speaking on behalf of gun-rights, Dan exposes the strategies of the anti-gun crowd and explains their mission to disarm law-abiding American gun-owners.