Estimated reading time: 5 minutes
By Larry Keane
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is beginning the reform work directed by President Donald Trump’s Executive Order on Protecting Second Amendment Rights. Those reforms, reportedly, could include changes in firearm regulations as well as budget adjustments and achieving manpower efficiencies.
That’s welcome news and a delivering on reform efforts announced earlier this year by the Trump administration. NSSF has called for ATF reforms for years, especially after the Biden administration wielded the ATF as a bludgeon against the firearm industry for political reasons.
In response to a request from ATF, the Department of Government Efficiency (DOGE) has reportedly sent some lawyers to assist ATF with its goal to change 47 regulations – a reference to President Trump as the 47th president, according to Newsmax – but could go higher with changes reportedly set for 50 regulations. Some of those proposals could be ready for review as soon as July 4. Robert Leider, ATF’s General Counsel, is supervising the effort. He’s gained admiration for his stalwart support of the Second Amendment.
Reforms Over Change
That’s all against the backdrop of the Trump administration’s proposal to merge the ATF into the Drug Enforcement Administration (DEA), which requires Congressional approval. That’s a move NSSF doesn’t think is the best for gun owners or the industry. Course corrections are already taking place within the ATF and NSSF believes that’s the best way forward. President Trump named FBI Director Kash Patel, and later Army Secretary Daniel Driscoll as ATF’s Acting Director. That was followed shortly by the announcement that Robert Cekada was named as the ATF’s Deputy Director, who brings over two decades of ATF experience and three decades of law enforcement understanding to the job. But combining the two agencies, which is not a new idea, could invite future administrations to revive the Biden administration-era abuses yielding a significantly larger federal agency against the industry and gun owners. Further, the deep relationships between NSSF and ATF are at stake and ATF has long recognized that the firearm industry – and firearm retailers, specifically – are vital to preventing illegal firearm trafficking.
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NSSF also has concerns with the Trump administration’s plans to slash ATF’s budget by about $480 million. Efficiencies can be found and DOGE’s work inside ATF is welcome. The budget can be slimmed but might be better done with a scalpel instead of a meat cleaver. Deep cuts could negatively impact both the firearm industry and customers who want to buy guns. Drastic budget cuts could come at the expense of National Firearms Act (NFA) form approvals, import permits, license issuance and renewals and product classifications.
None of this is to say that the sky is falling, as some critics would have you believe. DOGE has proven that it can find better ways of doing business and identifying duplicitous, outdated and unnecessary regulations.
Reforms Underway
Reforms at ATF are already happening. NSSF is working to bring about more changes. Reuters reported that ATF said it was “reviewing and modernizing its regulations consistent with” President Trump’s Executive Order and U.S. Attorney General Pam Bondi’s establishment of a Second Amendment Task Force to advance, protect and promote compliance with the Second Amendment. “This modernization project focuses on ATF’s enforcement on violent criminals, while reducing the unnecessary burdens on lawful gun owners and dealers.”
Those are the reforms that started with President Trump’s Executive Order to have AG Bondi examine all orders and regulations to assess if they infringe on the Second Amendment rights of law-abiding citizens. The reforms started almost immediately. The Department of Justice (DOJ), along with ATF, formally announced the end of the “zero tolerance” policy and is reconsidering the “Engaged in the Business” Final Rule and the Final Rule regarding factoring criteria for firearms with attached “stabilizing braces.” NSSF applauded those announcements.
ATF recently issued two new rulings that allow for the importation of non-lethal training rounds, or simulation rounds, mostly used by the military and law enforcement for training purposes, and for dual-use barrels. The training rounds were banned for import in 2023 by the Biden administration. Dual-use barrels were banned for import in 2005 if they had previously been used in a firearm determined to be “non-sporting.”
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ATF also confirmed to NSSF that the Demand 2 Program is ending. That program, begun in February of 2000 during the antigun Clinton administration, required federal firearms licensees (FFLs) that have 25 or more firearms traced back to them subsequent to the recovery at a crime scene and the time from retail sale to trace is three years or less (what ATF calls “time-to-crime”) to submit an annual report followed by quarterly reports of used firearms acquired by the firearm retailer. NSSF has been critical of the misuse of this protected firearm trace data to attempt to “name-and-shame” firearm retailers for crimes in which they had no involvement. And, NSSF has also confirmed that ATF is working to simplify and shorten the Form 4473, making it less cumbersome for firearm retailers and the customers they serve.
NSSF is eagerly awaiting further reforms as ATF refocuses on its core mission of combating violent crime with the industry as its partner.
Larry Keane is Senior Vice President of Government and Public Affairs and General Counsel for the National Shooting Sports Foundation, the firearms industry trade association.
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Fold the ATF into the DEA??? What a horrible idea. Ask doctor or pharmacist who has ever had to deal with the DEA concerning paper work errors or an employee suspected of stealing narcotics. Been there, done that. I think the DEA may be bigger jerks than the ATF.
Better than folding ATF into DEA would be to split it up. Anything tax related, whether alcohol, tobacco, firearm Form X, etc. should go to the Treasury Department. FBI can continue processing the Form 4473 NICS check as well as absorb investigative staff and responsibilities for fire, explosions, stolen firearm return, etc. Regulations can be maintained by the Department of Commerce along with FFL licensing and inspections and assigned the mission to support, work with, and advocate for the industry. Records (bound books, etc.) can be shipped off to the Library of Congress with limited and restricted access. Just abolishing the ATF will leave all the laws on the books with the likely hood that some more competent deep state agency will enforce them.
As usual,entrenched bureaucrats are scurrying like rats to protect their little fiefdoms….they ARE resisting the rule of law,and overreach is the order of the day…..Absolutely no vestige of the old order should remain ….as per their “experience”…you mean the nightmare they have created for Americans trying to exercise their second amendment rights? NO SIR…the BTAF was established as a minor enforcement agency,with the endless injections of taxpayer dollars they have set themselves up as the arbiters of firearm LAW!!!This isn’t even overreach,its an unlawful process through which the aforementioned rats put their heels on the necks of American citizens….Abolish the schemes of the wicked….remember that presently in these united states the rights of the people to keep and bear arms are SEVERELY infringed!
Disband the ATF.
I do feel that if a person is convicted of any crime involving a firearm that they should be banned for life from possessing a firearm and if caught again a mandatory prison term should be in order. To many gang members and young people possess hand guns with no knowledge of responsibility. I am not against mandatorily training before possession of a handgun. Also against extended magazine capacity.
Sounds like you are anti-gun then. Did the brady bunch send you here?
I hope you really mean a violent felony may result in a loss of ones 2A rights. I hope you do NOT want to see people who are CC losing 2A rights for traffic violations etc.
The feds seem to ignore the massive gang crimes in the US while our cities are destroyed, yet the feds conduct a deadly raid on any some low-level threat like Bryan Malinowski. The feds have a history of deadly raids without any legal consequences, do NOT give more power to these organizations.
Explain how you define “large capacity magazines” and then square that definition with the Constitutional originalism of the 2A? Also, how do you expect local, state and federal LE should enforce mag cap laws you support?
How many mandatory training classes have you taken before you exercised any Constitutional rights? I attended an expensive 2-day, 16-hour CC course and learned little to nothing in that mandatory class. It was a regulation revenue stream. I will NOT support a mandatory class for a firearm purchase, and you should NOT either.
Are you sure you thoroughly thought out any of these issues?
The “Demoncratic” party has slowly whittled away at our 2nd Amendment right since the Kennedy administration. The BATFE … ABCDEFG has become a tyrannical branch within the government with a very abusive amount of power, after being weaponized by the “Dems”. It’s time to end that reign of terror and either abolish it, or restrict their over use of power.
Here’s my suggestion, take Drugs, Alcohol and Tobacco and combine this for a new three letter Agency. DAT or ATD or TAD (who really cares) can focus mainly on tax stamps and the contradictions in state and federal laws under the treasury department while undergoing massive budget cuts. Then reassign the explosive responsibilities to the FBI while still massively cutting their budget. Finally, establish a very small firearm agency whose charter states that the first and foremost objective of the agency is to preserve and protect Constitutional Originalism.
Then use the RICO Laws to strip Nacy Pelosi, George Soros and many, many others of their ill-gotten gains. Problem solved.
alcohol and tobacco is a non issue with the agency, and illegal fire arms and shipments should be the focus of their mission so combining them shouldn’t be an issue. the nfa should be repealed since criminals are not affected by the act and the law abiding should be allowed those same weapons to level the self defense field.