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ATF Steps Back on Rule Change Making Dealer Transfers Easier. What Happened?

The ATF, among the many other rule changes, has been looking at making gun transfers between dealers easier. Basically, what they’re looking to do is update the system with newer technology so that the entire process isn’t rooted in the previous century. Fair enough, right?

Well, on Thursday, they announced that the change was being put on pause. Why? They said they were getting a lot of “adverse comments” on it.

That didn’t sit well with some folks. Harold Hutchinson at the Daily Caller wrote a piece about the change titled, “Anti-2A Groups Just Bullied ATF Into Keeping Difficult Process For Gun Transfers,” and I get why. He cites the X post above and how Everytown attacked the change. Considering the ATF said there were “adverse comments,” and that’s why they backed off.

But Hutchinson’s headline might not be a fair assessment of what’s going on.

See, our own Cam Edwards did a little journalism, talked to some sources, and got something interesting.

So yeah, there were “adverse comments,” but it seems they came from inside the industry and were regarding some technical language that might have been unclear or something. Once that’s cleaned up, it’ll be reissued, and we’ll go through this whole song and dance all over again.

Again, if Cam’s source is accurate, this wasn’t the anti-gunners bullying the ATF. 

Still, it’s also a reminder that the anti-gun side will absolutely bomb the comment period if they can, all to try and stop the ATF from doing things that might make our lives a tad bit easier, even if it won’t have any impact on anything else. Sure, they’ll say the new rules will make crime easier or whatever, but they’ll say that about literally anything that doesn’t explicitly make it harder to get a gun. They’re a scratched record–props if you’re old enough to know that reference–that keeps playing the same part of the song over and over again. 

GOA’s Aidan Johnston also addressed this on X, and says that the ATF essentially had no choice but to pull back the rule once it had received even a single comment in opposition. 

ATF ran this as a “Direct to Final Rule” which ignores the Notice and Comment requirements of the Administrative Procedures Act. This means, it is guaranteed to be struck down in court IF CHALLENGED. That’s the key though, if no one challenges it, then the rule can be finalized and the defect in process can cure.Here, the gun grabbers made one comment against the rule. So the standard operating procedure for an agency is to withdraw the Direct to Final Rule. Next, they will re-issue the rule with a proper notice and comment period—that way it will survive scrutiny under the APA. Remember: failure to follow the APA process can get a whole rule stuck down. That’s what happened with the Biden Pistol Brace ban.

Probably, ATF lawyers underestimated that the anti-gunners are as awful and anti-gun as they are. They thought “surely no one will oppose helping FFLs transfer firearms in a more modern and efficient manner.” But it turns out, the gun control lobby is more villainous than expected and opposed the rule anyway. So if the gun grabbers “won” anything at all, it’s just a minor delay. 

TL;DR don’t sweat it, the rule is likely just fine and coming back soon.

As it stands, folks need to chill out a bit. I get why people are bothered based on what the ATF said and what groups like Everytown have tried to do, but this isn’t them winning. This is the firearm industry asking for some better language, so the change will work better for them. Honestly, I find it a refreshing change of pace.

The ATF and the gun community never had to be enemies. Yeah, they’re the only law enforcement agency that seeks to restrict a constitutionally protected right, but if they’d focused on criminals all along and stopped trying to make our lives difficult, the animosity wouldn’t be there. For a change, we seem to be getting a glimpse of what that might be like.

I’d still rather they be abolished along with their entire mission–not transferred to someone else, mind you, but eliminated–but until that day, I’d much rather they work with us than against us.



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