Whistleblowers within the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) are sounding alarms about a 1,300-page draft document that allegedly justifies a proposed rule mandating background checks for all gun sales. Critics argue that such a measure could pose serious challenges for ATF agents and potentially infringe on the Second Amendment rights of law-abiding citizens. Empower Oversight, a watchdog group, has brought attention to this matter, sending a letter to Attorney General Merrick Garland and ATF Director Steven M. Dettelbach, demanding documents related to the whistleblowers’ claims.
Tristan Leavitt, president of Empower Oversight, expressed concern that the proposed rule, allegedly directed by the White House, would effectively ban private sales of firearms between citizens by requiring background checks for every transaction. Leavitt argued that such a broad rule treating all private citizens like federal firearms licensees could violate the constitutional separation of powers and the Second Amendment, which protects the right to bear arms.
The Biden administration’s push for universal background checks has raised constitutional concerns, with critics contending that treating law-abiding citizens uniformly could undermine individual rights. While acknowledging the legality of background checks, skeptics fear that the proposed rule might subject citizens to additional hurdles, potentially impacting their ability to exercise their Second Amendment rights.
Empower Oversight issued a warning, drawing attention to potential dangers for ATF agents if the rule were to be enforced. Citing historical standoffs like Ruby Ridge and Waco, the group cautioned against placing ATF field agents in jeopardy as they become the face of enforcing regulations targeting constitutionally protected firearms sales.
Current federal law mandates background checks only for sales by federally licensed dealers. Last September, the ATF proposed a rule expanding the definition of “dealer” to cover some occasional gun sellers, but it fell short of the scope described by the whistleblowers. The new ATF rule suggested by the Biden administration seeks to significantly broaden the definition of a “firearms seller,” potentially subjecting even family members involved in firearm transactions to a complex web of regulations.
While the rule is not yet finalized, the revelations from whistleblowers are likely to prompt closer scrutiny and potential revisions. Critics argue that the ATF, under the Biden administration, is engaging in an unconstitutional power grab, challenging the balance between individual rights and gun control efforts.
