Watchdog Group Says ATF Is Scheming to Ban Private Gun Sales – Firearms News

February 17, 2024
By Mark Chesnut

A watchdog group is blowing the whistle on an alleged “fine-tuning” of the Bureau of Alcohol, Tobacco, Firearms and Explosive’s already restrictive engaged-in-the-business rule. According to Empower Oversight, ATF whistleblowers have said that at the Biden Administration’s request the agency has drafted a 1,300-page document attempting to justify a rule banning most, if not all, private firearms sales.

“The fact that inside ATF sources are blowing the whistle on this draft rule is an indication of what a difficult position it would put the ATF in,” Tristan Leavitt, president of Empower Oversight, said in a news alert. “ATF agents did not sign up to go after law-abiding citizens for private sales protected under the Second Amendment of the Constitution.”

In response to the reports, the organization has sent a letter to Attorney General Merrick Garland and ATF Director Steven Dettelbach requesting more information about the proposal.

“Such an expansive rule that treats all private citizens the same as federal firearms licensees would circumvent the separation of powers in the Constitution, which grants ‘all legislative Powers’ to Congress while requiring that the president ‘take Care that the Laws be faithfully executed,’” the letter states. “To the extent such a rule prevents the private sale of firearms, it would also clearly violate the Second Amendment to the United States Constitution, which declares that ‘the right of the people to keep and bear arms, shall not be infringed.’”

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In the letter, Leavitt said such a rule could be harmful in more ways than just infringing on the rights of lawful citizens.

“The lessons of the Ruby Ridge and Waco standoffs should make clear that attempting to enforce such an expansive regulation could endanger countless ATF field agents who are forced to serve as the face of the Biden Administration in going after private firearms owners for constitutionally protected firearms sales,” the letter stated.

According to Empower Oversight, the document is reportedly being overseen by Senior Policy Counsel Eric Epstein, who worked as the Phoenix Field Office’s Division Counsel during the ill-fated Operation Wide Receiver debacle. In concluding the letter, Leavitt requested a number of records from ATF, including:

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• All emails to or from ATF Senior Policy Counsel Eric Epstein which include the terms “ban,” “private sale,” “universal background” and “gun control.”
• Any and all records containing communications between DOJ and ATF regarding the implementation of Executive Order 14092.
• Any and all records containing communications between DOJ or ATF and the White House regarding the development and/or implementation of Executive Order 14092.
• Any and all records containing communications between DOJ and ATF referring or relating to regulating or banning the sale of firearms between private individuals.
• Any and all records containing communications between DOJ or ATF and the White House referring or relating to regulating or banning the sale of firearms between private individuals.

Firearms News is closely watching this issue and will report all updates.

About the Author

Freelance writer and editor Mark Chesnut is the owner/editorial director at Red Setter Communications LLC. An avid hunter, shooter and political observer, he has been covering Second Amendment issues and politics on a near-daily basis for nearly 25 years. 

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