U.S. Rep. Andrew Clyde, R-Georgia

The U.S. House of Representatives Judiciary Committee has approved a Congressional Review Act (CRA) joint resolution of disapproval—a piece of legislation that would overturn the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) rule redefining who is “engaged in the business” of selling firearms.

HJR 144, introduced by U.S. Rep. Andrew Clyde, R-Georgia, was passed in the committee on September 19 by a 14-to-9 vote.

The measure, only one page in length, says simply: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, relating to ‘‘Definition of ‘Engaged in the Business’ as a Dealer in Firearms’’ and such rule shall have no force or effect.”

The ATF published the final rule back in April. In effect, outlaws  most private sales by changing the definition of who is “engaged in the business” of selling firearms. IN doing so, it muddies the water enough that many are afraid to buy or sell guns because they simply don’t know if it is legal anymore or not.

“I’m incredibly pleased that the House Judiciary Committee approved my measure to overturn the ATF’s disastrous rule,” Clyde said in a press release after the vote. “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.”

Of course, the Final Rule has already run into some trouble in the courts, In May, the U.S. District Court for the Northern District of Texas approved a temporary restraining order on the Final Rule that states it may not be enforced against the individual plaintiff in the case, citizens of the of Texas, and members of Gun Owners of America, Gun Owners Foundation, the Tennessee Firearms Association and the Virginia Citizens Defense League.

“The Final Rule creates sets of presumptions indicating (1) “when a person has the intent to ‘predominantly earn a profit’” and (2) “that someone is ‘engaged in the business,’” Judge Matthew Kacsmaryk wrote in the ruling. “But these presumptions are highly problematic for at least two reasons. First, they flip the statute on its head by requiring that firearm owners prove innocence rather than the government prove guilt… Second, several presumptions conflict with the statutory text.”

House Judiciary Committee Chairman Jim Jordan helped shepherd the legislation through the committee and was also pleased with its passage.

“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,” Jordan said. “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.”

57 COMMENTS

  1. “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.”

    Well now that Kamala Harris is on record saying she supports the Second Amendment, and Joe Biuden has said in the past he supports the Second Amendment, the democrats in congress should have no issues with passing this legislation to keep the ATF from self-interpeting so they can ‘murder’ more people. Right?

    It is imperative this be passed, as demonstrated by the ATF….lives of innocent American citizens who have committed no crime at all are literally at stake here by the ATF being able to self-interpret any time they choose to accuse someone. The ATF needs to go away, its basically become a version of a combination of self-serving ‘rogue defacto law making’ body and Murder Inc.

    • “joint resolution of disapproval—a piece of legislation that would overturn the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) rule“

      If Donald Trump and the Republicans really cared about gun rights, they would’ve done this during the first two years of his presidency when the Republicans controlled all three branches of government.

      What they’re doing now is just campaign grandstanding, they know it will never pass.

      But the election draws near so it’s time to rile up their base for more campaign contributions for the good work they’re doing in Congress fighting those darn Democrats.

      Otherwise we’d already have national reciprocity and the hearing protection act.

      • Reciprocity and the hearing protection act have enough Dem support to pass and Biden will sign? Will Kamala?

        • “Reciprocity and the hearing protection act have enough Dem support“

          Not today, but the Republicans could have passed them in 2017 – 2019, and Trump could have signed them into law.

          But Trump and the Republicans were too busy passing permanent tax cuts for the wealthy and big business.

          • “Not today, but the Republicans could have passed them in 2017 – 2019, and Trump could have signed them into law.

            But Trump and the Republicans were too busy passing permanent tax cuts for the wealthy and big business.”

            100% false

            Learn what context means Miner49er

      • minor49iq…If not for concocted charges from deranged kgb democRats POTUS DJT could have accomplished much more. Voters have seen the difference between what democRats have done to America and what POTUS DJT did for America.

        Unless you are after a job refilling tampon machines in boys restrooms then I suggest you cease pointing fingers and ask cackles about her Gun, working at mcdonalds and being Black.

        TRUMP/VANCE 2024.

        • The only “deranged kgb” involvement is Donald Trump’s “great leader” Vlad Putin.

          Putin‘s KGB work to support terrorism with the Bader Meinhof gang is legendary:

          “This former Red Army Faction member and his colleagues would travel into East Germany by train and would be met by Stasi agents waiting in a large Soviet-made Zil car, then driven to Dresden, where they were joined in a safe house by Putin and another of his KGB colleagues. “They would never give us instructions directly. They would just say, ‘We heard you were planning this, how do you want to do it?’ and make suggestions. They would suggest other targets and ask us what we needed. We always needed weapons and cash.”

      • “If Donald Trump and the Republicans really cared about gun rights, they would’ve done this during the first two years of his presidency when the Republicans controlled all three branches of government.”

        100% false.

        This happened under Biden and Harris

        Learn what context means Miner49er.

        This is about the ATF being weaponized by Biden against the American people, resulting in the ATF, with Bidens blessing, being able to unconstitutionally and illegally self-interpret and create ‘defacto’ law bypassing congress because Biden said so in his tyrannical rule by fiat by executive order, further resulting in the deceptive democrats putting forth the ‘engaged in the business’ that ATF was allowed to self-interpret that resulted in a man not guilty or even formally charged with any crime being killed by the ATF ’cause they said that ‘engaged in the business’ means how they interpreted it.

        Take your sick twisted TDS some place else to tell your lies.

        • “If Donald Trump and the Republicans really cared about gun rights, they would’ve done this during the first two years of his presidency when the Republicans controlled all three branches of government.”

          100% false.“

          40 ounce, has the MAGA really gone to your head? Do you not recall Donald Trump and the Republicans had a full two years to enact any gun legislation they wanted?

          Instead, they spent their time on a permanent tax cut for the wealthy and big business.

          Donald Trump truly does love the poorly educated, that’s the only way his heavy-handed grift will work.

          “The 115th United States Congress was a meeting of the legislative branch of the United States of America federal government, composed of the Senate and the House of Representatives.

          Senate majority
          Republican
          Senate President
          Joe Biden (D)[a]
          (until January 20, 2017)
          Mike Pence (R)
          (from January 20, 2017)
          House majority
          Republican
          House Speaker
          Paul Ryan (R)
          Sessions
          1st: January 3, 2017 – January 3, 2018
          2nd: January 3, 2018 – January 3, 2019”

          • Once again…

            This ‘engaged in the business’ thing happened under Biden and Harris. That’s what this is about.

            Learn what context means Miner49er.

            This is about the ATF being weaponized by Biden against the American people, resulting in the ATF, with Bidens blessing, being able to unconstitutionally and illegally self-interpret and create ‘defacto’ law bypassing congress because Biden said so in his tyrannical rule by fiat by executive order, further resulting in the deceptive democrats putting forth the ‘engaged in the business’ that ATF was allowed to self-interpret that resulted in a man not guilty or even formally charged with any crime being killed by the ATF ’cause they said that ‘engaged in the business’ means how they interpreted it.

            Take your sick twisted TDS some place else to tell your lies.

          • “Do you not recall Donald Trump and the Republicans had a full two years to enact any gun legislation they wanted?

            Instead, they spent their time on a permanent tax cut for the wealthy and big business.”

            100% False.

            Learn what context means Miner49er.

          • False. They had enough votes to pass a bill on the floor (a simple majority), but not enough to overcome a filibuster to get such bill to the floor, which takes 60 votes in the Senate. They did not have 60 votes.

            • “They did not have 60 votes.“

              The problem was that the Republican speaker of the house would not introduce those bills, stop blaming it on the Democrats who never had a chance to register a vote either way.

              “Paul Ryan says NRA-backed gun bill shelved indefinitely
              Speaker Paul Ryan said there’s no plan for the House to act soon on a National Rifle Association-backed bill to ease regulations on gun silencers.|
              MATTHEW DALY
              ASSOCIATED PRESS”
              October 3, 2017

        • “the ATF, with Bidens blessing, being able to unconstitutionally and illegally self-interpret and create ‘defacto’ law bypassing congress because Biden said so in his tyrannical rule by fiat by executive order“

          So was it under Biden’s executive order when Donald Trump’s administration banned bump stocks?

          • “So was it under Biden’s executive order when Donald Trump’s administration banned bump stocks?”

            we aren’t talking about bump stocks. Learn what context means MIner49er.

            But now that you bring it up…. the fact that Trump was deliberately lied to that a bump stock = machine gun, and didn’t know any better… but on the other hand Biden has specifically and intentionally weaponized the ATF against innocent Americans, deliberately bypassed congress and usurped their authority, and did it by rule by fiat through executive order resulting in the death of an innocent man – its murder by proxy.

            But that’s something you want to distract from isn’t it, that Biden killed an innocent man by proxy through a weaponized ATF creating unconstitutional ‘defacto’ law, at the intentional order of Biden, for the purpose of bypassing congress ’cause they say so.

            Learn what context means Miner49er and take your sick twisted lies and deceptions and TDS elsewhere.

            • “Trump was deliberately lied to that a bump stock = machine gun, and didn’t know any better… but on the other hand Biden has specifically and intentionally weaponized the ATF“

              Trump wasn’t smart enough to know what a bump stock was, but Biden Weaponized the ATF?

              I thought Joe Biden was a senile old man, and Donald Trump was the stable genius?

              So if Donald Trump uses an executive order to ban bump stock it’s not ‘weaponization of the ATF’ but if Biden does it it is?

              • (all my other replies went to moderation, so going to try it again with different structure and re-wording)

                “So if Donald Trump uses an executive order to ban bump stock it’s not ‘weaponization of the ATF’ but if Biden does it it is?”

                100% False

                Trump did not ban a “part” (the bump stock) by executive order.

                He sent a presidential memo to DOJ and asked them to reclassify it, DOJ reclassified it in the ‘machine gun’ category thus effectively banning it. Then Trump said they were banned.

                A president can’t ban personal property ownership items by executive order. The constitutional authority is just not there nor is it implied anywhere in the constitution that a president can ban personal property ownership items by executive order. Nor can a president ban firearms by executive order, or by a memo to DOJ, it is unconstitutional to do so as that is only in the purview of congress and then its constitutionally doubtful now after Heller into Bruen they can do it now constitutionally if such firearms are in common use.

                Biden is not the same, he, by executive order rule by fiat, gave the ATF carte blanche to just create unconstitutional ‘defacto law’ to bypass congress and to interpret existing law as they saw fit. he weaponized the ATF.

              • “So if Donald Trump uses an executive order to ban bump stock it’s not ‘weaponization of the ATF’ but if Biden does it it is?”

                100% False

                Trump did not ban a “part” (the bump stock) by executive order.

                He sent a presidential memo to DOJ and asked them to reclassify it, DOJ reclassified it in the ‘machine gun’ category thus effectively banning it. Then Trump said they were banned.

              • “So if Donald Trump uses an executive order to ban bump stock it’s not ‘weaponization of the ATF’ but if Biden does it it is?”

                A president can not ban anything personal property wise by executive order. the constitutional authority to do it is just not there and not implied anywhere in the constitution.

              • (so I had to break my replay up into multiple parts to stop it from going to moderation from which is may never appear and has not since yesterday and earlier today…so these three replies, this one and the ones above it, I am separating and changing wording a little)

                “So if Donald Trump uses an executive order to ban bump stock it’s not ‘weaponization of the ATF’ but if Biden does it it is?”

                Biden is not the same, he, by executive order rule by fiat, gave the ATF carte blanche to just create unconstitutional ‘defacto law’ to bypass congress and to interpret existing law as they saw fit. he weaponized the ATF.

                Trump just sent a memo asking a ‘part’ be reclassified.

                Learn what context means MIner49er.

              • “So if Donald Trump uses an executive order to ban bump stock it’s not ‘weaponization of the ATF’ but if Biden does it it is?”

                Biden is not the same, he, by executive order rule by fiat, gave the ATF carte blanche to just create unconstitutional ‘defacto law’ to bypass congress and to interpret existing law as they saw fit. he weaponized the ATF.

                Trump just sent a memo asking a ‘part’ be reclassified.

              • Biden is not the same, he, by executive order rule by fiat, gave the ATF carte blanche to just create unconstitutional ‘defacto law’ to bypass congress and to interpret existing law as they saw fit. he weaponized the ATF.

      • Miner, under Trump, this legislation wasn’t necessary, since the ATF had not yet been directed to go completely off the Constitutional rails upon which it’s supposed to be traveling.

        So, I wonder, does this Act need to be passed through the Senate as well? It might make it through the House, but Senate approval seems unlikely.

        • “…does this Act need to be passed…”

          Yes, a CRA must be passed by both chambers of Congress, and then be signed by the president. In the case of a presidential veto, Congress must override, for it to take effect. There are some rules about timing, but a CRA is basically a piece of legislation.

        • “under Trump, this legislation wasn’t necessary, since the ATF had not yet been directed to go completely off the Constitutional rails“

          So if Donald Trump uses an executive order to ban bump stock it’s not ‘weaponization of the ATF’ but if Biden does it it is?

          • all my replies keep going to moderation… so i’m gonna try it again but a little different

            “So if Donald Trump uses an executive order to ban bump stock it’s not ‘weaponization of the ATF’ but if Biden does it it is?”

            100% false

            Trump didn’t ban bump stocks by executive order. A president can not ban anything personal property wise or prohibit anything legally sold that would become personal property in commerce from being legally sold or manufacturered, by executive order. The constitutional authority to do it is just not there and not implied anywhere in the constitution. Even Biden himself told Kamala Harris during their debate in her previous run for president that its was unconstitutional for a president to ban firearms by executive order when she said she would do it by executive order, and her promises to do it now by executive order are also false promises.

          • You know miner, a lot of the time you talk about Trump and the Republicans, it seems like it’s just not as relevant to the conversation. I 100% agree with your sentiment this time.
            We can all hold our beliefs about who should run things, but in the context of gun rights as a whole, it seems like our biggest assets are in the courts, fighting laws that are passed via apathy or personal gain. Trump and the Republicans had every chance for 2 years to advance a TON of pro 2A measures, but not only failed to do so, actively tried to further compromise and implement more restrictions, along with putting the executive overreach idea in the ATFs mind.
            My personal opinion is that Trump pays lip service to gun rights, but isn’t impassioned enough to actually champion it. His big thing is immigration, which he literally cannot shut up about, despite often not being the topic at hand.
            Whether or not the lack of action was deliberately malicious or just apathetic hand waiving doesn’t matter. We 100% should hold him accountable for how he handled all of it, along with the representatives that failed to advance those ideas.
            THIS is the exact type of discourse that is important, people can be in favor of whichever candidate they want, but when you choose to align with a particular movement, but then fail to hold those leaders accountable or make excuses for them when they absolutely stomp on that angle, that differentiates those who actually care about the topic at hand and those who have fallen into a cult of personality and cannot be objective or nuanced in the way they fight for what they believe.
            We really have no true champions of gun rights this time around.
            There are far too many people that exist within these arbitrary groups who claim to have values and causes to fight for, but will throw every belief and quality in the trash the moment that [POLITICIAN THEY LIKE] says something to the contrary.
            I swear to god, the amount of people who had 2A shit plastered all over their online accounts, but then had laundry baskets full of reasons why its was ok was baffling. “Bumpstocks aren’t even that cool anyway”, or “they are useless”, “they are already illegal cuz machine guns and Trump is LAW AND ORDER MAN”, “national reciprocity means those crazy people from ny/ca can have them lol”, “suppressors are bad anyway and not even silent.”
            Regardless of political differences, someone who can’t stand on their own principles over a figurehead will always be considered more of an enemy to me than those who just disagree with me. It takes ignorance to argue something you don’t understand, it takes a true fool to take the fan club card over their rights.

            • Good observations TC.

              I am personally in favor of a national reciprocity act, it’s already covered in the constitution:

              “Article IV, Section 1:
              Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.“

              As I’ve said before, I believe a permit requiring both classroom and range instruction/proficiency demonstration is reasonable, if one wants to carry a lethal weapon in public spaces.

              And that training and certification should be consistent across these United States.

              • “I am personally in favor of a national reciprocity act, it’s already covered in the constitution:

                “Article IV, Section 1:
                Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.“

                Then why do you object to permit-less carry?

                If say ‘State A’ has permitless carry and ‘State B’ doesn’t (or its reversed) then that’s contrary to your own assertions under ‘Article IV, Section 1’ as the exercise of the right, using your assertion of ‘Article IV, Section 1’, should be allowed in any state under permit-less carry.

                So, if its as you say that “national reciprocity” is already covered in the constitution then why do you object to permit-less carry? For it too falls under your “Article IV, Section 1:” which under your claims would qualify for ‘reciprocity’ in all states.

          • “So if Donald Trump uses an executive order to ban bump stock it’s not ‘weaponization of the ATF’ but if Biden does it it is?”

            100% false

            Trump did not ban a “part” (the bump stock) by executive order.

            He sent a presidential memo to DOJ and asked them to reclassify it, DOJ reclassified it in the ‘machine gun’ category thus effectively banning it. Then Trump said they were banned.

      • “Otherwise we’d already have national reciprocity and the hearing protection act.”

        100% false.

        Learn what context means Miner49er

        • he doesn’t understand what context is, hes blind to it and hes confirmation biased. Its a typical left wing trait.

        • This isn’t strictly about any particular rule, you folks say this is about the “weaponization of the ATF”.

          • NO, learn what context means Miner49er.

            We are talking about the article topic, you keep taking it off topic off into your delusional TDS land.

            Biden, by executive order rule by fiat, gave the ATF carte blanche to just create unconstitutional ‘defacto law’ to bypass congress and to interpret existing law as they saw fit. he weaponized the ATF and it resulted in their self-interpreting ‘in the business’ and it got an innocent man killed.

            Trump didn’t ban bump stocks by executive order. a president can not ban anything personal property wise by executive order. the constitutional authority to do it is just not there and not implied anywhere in the constitution.

            What Trump did was issue a memorandum to DOJ to reclassify them as ‘machine gun’ category. Then said they were banned after. He didn’t actually ban them himself, just had them reclassified.

            All Trump did was have a part reclassified. A president can do that, ask the DOJ to reclassify a ‘part’ but can’t do it their self.

            Big difference between what Biden and Trump did.

          • The fact that Biden gave ATF basically carte blanch, by executive order, to create unconstitutional ‘defacto’ law by self interpretation of ‘in the business’ (and other things) is “weaponization of the ATF”.

            Yes, we are talking about a”particular rule” and the concept surrounding that “weaponization of the ATF”. You keep taking it off topic into your TDS mental illness world.

      • MajorLiar,

        Are you stupid? (Sorry, the answer is obvious to the most casual observer).

        The idiot fascists at the ATF didn’t even PROPOSE the rule while Trump was in office. Literally, WTF are you even blathering about????

        Yes, Trump could have – and should have – done more when he could, but . . . it’s not like he didn’t have a few other things on his plate. NO, I don’t, and I guess that most on this site don’t, consider Trump a 2A hero. But, he is MILES better than the Senile Idiot, or Kamal-toe the Ho. You don’t get to vote for the “ideal” candidate – you get to vote for the least stinky candidate. And anyone who doesn’t recognize that DJT, as flawed as he is, Is orders of magnitude a better choice than Kamal-toe the Ho, or Tim “Stolen Valor” Walz, is a blithering idiot . . . and that appears to be you.

  2. Maybe the House can order the ATF to bring back to life that airport manager whom they shot to death because they determined his gun hobby constituted an illegal firearms dealership.

  3. Full House approval may happen, but Senate? POTUS? Not likely this year. However, we need to use every tool at out disposal, because the left certainly is.

  4. Damn! miner49er is being whipped hard by his bosses to disrupt a pro freedom site. His fascist overlords are feeling the pressure.

    • “miner49er is being whipped hard by his bosses to disrupt a pro freedom site“

      Interesting, you think it’s disruptive to have folks offer an opinion that differs from yours.

      “fascist overlords“

      You must be speaking of Donald Trump, who wants to silence Americans and prevent them from voicing their opinion at peril of incarceration:

      “Trump ignores the First Amendment and says those who criticize the Supreme Court should be tossed in jail

      Former president has launched attacks against federal and state judges who have made rulings against him
      Ariana Baio

      “It should be illegal, what happens,” Trump told a crowd in Pennslyvania. “You know, you have these guys like playing the ref, like the great Bobby Knight. These people should be put in jail the way they talk about our judges and our justices, trying to get them to sway their vote, sway their decision.”

      Trump is an amazing hypocrite, on one hand he criticizes state and federal judges who rule against him, on the other hand he advocates that those who speak against judges should be jailed.

      Your continued support for Donald Trump’s war on the constitution is rather startling, given you folks consider yourselves ‘patriots’.

      • biden/harris/zuckerberg colluded to censor free speech.

        I’ve called you a fascist, miner. And I meant it. roland freisler is channeled through you.

        • “I’ve called you a fascist“

          And yet, unlike Donald Trump, I’ve never called for the jailing of those who expressed an opinion at odds with the government.

          “These people should be put in jail the way they talk about our judges and our justices, trying to get them to sway their vote, sway their decision.”
          DJT

          That’s real Fascism, by a presidential candidate no less.

          Donald Trump stood by as his violent supporters demanded the public execution of his vice president.
          And Vice President Mike Pence has stated that Donald Trump demanded he violate his oath to the Constitution.

          That’s real fascism.

          Vote accordingly.

        • “roland freisler is channeled through you“

          And the way you take every opportunity to demonstrate your personal knowledge of the Nazi hierarchy is rather revealing.

            • Dude,

              HEH!! MajorLiar makes up his history as he goes along, whatever he needs to support his (idiot) narrative. If this is the best shill the Leftist/fascists have to send, we are in no danger. I have it on good authority that MajorLiar once debated himself . . . and lost. He is what we would have referred to, back when I was playing sports or debating, “easy meat”. He is SUCH a lying idiot that he is literally self-refuting.

  5. For a bill to become law, both House and Senate must approve.

    For a proposed regulation to not have the force of law, both House and Senate must deny.

    This is logical nonsense. The negation of A and B is not A or Not B. It should action by only one house to block a regulation.

    But that’s not where we are. right now.

  6. The ATF, aka the BATFE was not constituted as a law making body. They are law enforcers and tax collectors. Regarding what appears to be congressional recognition of this fact is glorious to see, and very much long overdue. Has The Congress, at long last, had enough of ATF self aggrandizement? This citizen hopes so, it only time will tell.

    • Alan,

      Great, but now do EPA, DOJ, DHS, DoT, DoE (both education AND energy), and about a dozen others.

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