U.S. Sen. John Cornyn (R-Texas) joined 43 Senate Republicans in an effort to strike down a rule that puts burdens on firearms dealers, and that the Senators say is unconstitutional.
A rule by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) affects the definition of anyone "engaged in the business" of selling firearms. The rule triggers obligations on an expanded list of gun sellers to obtain a federal firearms license, and to conduct background checks on buyers.
Under the rule, any person earning a profit through the repetitive purchase and sale of firearms would fall under the rule, a move to bring them under greater scrutiny by the federal government, according to the Senators.
Cornyn and his Republican colleagues argue the rule violates the Constitution by requiring anyone who sells a firearm to register as a federal firearm licensee. According to Cornyn, the rule “is proof that the Biden administration is a dishonest broker,” because it disregards congressional intent of the recently enacted Safer Communities Act.
Cornyn said the action is needed against the ATF because "Congress must hold it accountable for its actions in favor of its gun-grabbing liberal base over the Constitutional rights of law-abiding Americans."
The resolution is endorsed by the National Rifle Association (NRA) and the National Shooting Sports Foundation (NSSF).
“President Biden is using rule making by the ATF to impose so-called ‘Universal Background Checks’ rejected by Congress,” said NSSF Senior Vice President and General Counsel Lawrence G. Keane.
The resolution builds on comments filed by Sen. Cornyn with the ATF last year. In his comments, Cornyn argued that the rule goes expressly against Congress' intent under the Safer Communities Act, which was signed into law by President Biden on June 25.