CHARLESTON — West Virginia Attorney General Patrick Morrisey and Arizona Attorney General Mark Brnovich are leading 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 exceeds authority granted to the bureau under the Gun Control Act of 1968.
The public comments, filed August 19, focus on the proposal’s expanded definition of a receiver, the part of a firearm that houses the firing mechanism. The attorneys general argue many parts manufacturers could be put out of business as the rule would grant ATF unconstitutionally unrestrained discretion over which parts are subject to the regulation.
“Private individuals and businesses have the right to assemble firearms for their own use — a fact borne out in early American history and expressly recognized by the Gun Control Act,” Morrisey said. “The Second Amendment is a core tenant of our Constitution, and this regulation would treat the activity of assembling firearm parts as a problem to be stamped out, rather than a right and tradition to be respected.
"For this reason, and because of the proposed rule’s legal infirmities, we strongly urge ATF to reconsider its proposal.”
The coalition contends federal law authorizes ATF to regulate complete firearms and complete receivers, not the individual parts of an incomplete receiver or disassembled firearm aside from machineguns.
The attorneys general also contend the rule is unconstitutional as it would sidestep Congress and unlawfully give broad policymaking discretion to ATF.
The coalition further argues 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.
The West Virginia- and Arizona-led comments were joined by attorneys general in Alabama, Arkansas, Alaska, Florida, Georgia, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina and South Dakota.
