America First Legal Stands Up For The Second Amendment

Thursday, August 19, 2021

WASHINGTON, DC – Today, America First Legal (AFL) took a stand for the Second Amendment and against the Biden Administration’s radical attempt to undermine the rule of law.   

To advance its radical, anti-Constitutional agenda, the Biden Administration has proposed vague and complex new regulations by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to rewrite gun laws passed by the Congress. This rule would overturn settled court decisions, disrupt five decades of bipartisan administrative practice, and, in the end, use the threat of criminal prosecution to scare Americans and stop them from exercising their Second Amendment right to purchase and use firearms. 

In this breathtaking rule, ATF attempts to redefine the term “frame or receiver” to dramatically expand what constitutes a firearm. It does so by introducing a “non-exhaustive” eight-factor test in which ATF does not even tell you how each factor impacts their calculation. This means that even if someone navigates all eight factors correctly, the ATF could add additional factors to determine whether that individual has committed a federal firearms crime. 

Laying the groundwork for future action, AFL submitted comments advising ATF:

  • — The Biden Administration lacks Constitutional and statutory authority for the proposed action.

  • — The Biden Administration’s justification for this massive regulatory expansion is false.

  • — Only Congress, not Biden Administration ideologues, can rewrite the Gun Control Act. And were Congress to amend the gun laws, it must do so in a way that does not violate the Second Amendment, which this regulation as written does.

As the Supreme Court has repeatedly said, the freedom to own and carry firearms for self-defense recognized in the Second Amendment islike freedom of speech, freedom of the press, and freedom of religionevery American citizen’s fundamental right. 

AFL is committed to protecting the Second Amendment rights of all law-abiding Americans. 

Former Acting Attorney General Matthew Whitaker issued the following statement:

“The Biden Administration is committed to eroding the Second Amendment rights of all Americans, whether through its nomination of a radical anti-gun advocate to be the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, or through other measures like the regulations at issue here. I am proud of America First Legal’s work to combat this executive overreach. We have put the Biden Administration on notice about its illegal, unconstitutional regulatory proposal, and will work tirelessly to ensure that it will never become the law of the land.”

Read the Comment here.

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