Not too long ago, the ATF redefined the phrase "engaged in the business" of selling firearms. Previously, it was people who derived some part of their living as a gun seller, or those who were at least trying to — success wasn't required. Now, though, it's anyone who makes a profit, and the agency is pretty nebulous with what that exactly entails. As a result, those selling guns may well find themselves having to conduct a background check on a buyer no matter what.
Congress didn't pass universal background checks, mind you. This is just the ATF at work under the direction of the Biden administration.
Last week, Rep. Andrew Clyde of Georgia released a statement noting that legislation countering that advanced:
“I’m incredibly pleased that the House Judiciary Committee approved my measure to overturn the ATF’s disastrous rule,” said Clyde. “This lawless government overreach subjects law-abiding Americans to unconstitutional barriers — violating both the Second Amendment and Congress’ sole legislative authority. Ultimately, the goal of the Biden-Harris Administration’s universal background check rule is to create a nationwide firearms registry, which I’ve long warned will eventually lead to gun confiscation. It’s imperative that the House promptly passes my critical legislation to nullify the ATF’s rule in order to protect Americans’ Second Amendment liberties.”
“ATF’s ‘Engaged in the Business’ rule is the latest example of the Biden Administration ATF going after law-abiding Americans by making new laws without congressional authorization. The rule drastically expands the universe of Americans who would be classified as a ‘dealer’ under the federal law that requires some people to obtain a license to become a Federal Firearms Licensee (FFL). Representative Clyde’s Congressional Review Act will nullify the rule and prevent regulatory overreach by ATF, ensuring that existing laws that govern firearm sales are not expanded without proper legislative authorization,” said House Judiciary Committee Chairman Jordan.
This is a good thing. Make no mistake about it.
It's also meaningless as things currently stand.
Think for a moment about what all has to happen for this law to become a reality.
First, the rest of the House would have to pass it. With a GOP majority, that's actually the least daunting hurdle it would have to clear.
After that, it'll have to go to the Senate. Republicans don't control that anymore, which means it's unlikely to get a vote at all. If it does, it's likely to lose, which makes it a dead bill right then and there.
Even if it somehow passes the Senate, though, it then lands on the desk of POTATUS. That's right, none other than President Joe Biden would have to sign it. Granted, if they told him it was for an autograph, he would, but I doubt there's anyone in the White House willing to stick their neck out for a pro-gun measure.
It's possible that if the stars align, it could happen. I'm just saying that if you value maintaining your brain cells, you shouldn't hold your breath waiting for it. As things stand, the whole effort is futile.
Now, not all is doom and gloom.
You see, we have an election coming up, and elections have consequences. Currently, The Hill figures there's a 71 percent chance of Republicans winning the Senate and a 57 percent chance of holding onto the House. Couple that with a Donald Trump win, and a bill like this might have the proverbial snowball's chance in Hades.
But it will require Republicans to stick to their pro-gun rhetoric when they have the power to actually do something about it. It also requires voters to hold their feet to the fire over it.
That should be easier to do when we can also point out how gun control isn't remotely necessary to reduce violent crime.