ATF Whistleblowers Sound the Alarm on Proposed Rule to Ban Private Gun Sales

Former ATF official Peter Forcelli and Colorado gun store owner Anthony Navarro provide insight on the gun industry and regulations on “The Ingraham Angle.” Whistleblowers at the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) are sounding the alarm on a reported 1,300-page draft document that allegedly justifies a proposed rule that would effectively ban private gun sales, according to a watchdog group.

The draft rule has caused concern among ATF sources, who argue that it would put the agency in a difficult position. Tristan Leavitt, president of watchdog group Empower Oversight, stated that ATF agents did not sign up to go after law-abiding citizens for private sales protected under the Second Amendment of the Constitution. In a press release, Leavitt called on Attorney General Merrick Garland and ATF Director Steven M. Dettelbach to provide answers and documents regarding the whistleblower claims.

According to the watchdog group’s letter, the ATF has drafted a 1,300-page document, under the direction of the White House, in support of a rule that would require background checks for most, if not all, gun sales. This move has raised concerns among gun rights advocates who argue that it would effectively ban private sales of firearms from one citizen to another.

The Biden administration has been advocating for stricter gun control, and in August, the ATF introduced ATF2022R-17, also known as the “Definition of ‘Engaged in the Business’ as a Dealer in Firearms.” This proposed rule aims to incorporate provisions of the Bipartisan Safer Communities Act, a gun control law signed by President Biden in 2022.

The current draft document is reportedly being overseen by Senior Policy Counsel Eric Epstein, who previously worked in the Phoenix field office’s division counsel during the “Fast and Furious” operation. Gun rights advocates argue that such an expansive rule treating all private citizens as federal firearms licensees would circumvent the separation of powers outlined in the Constitution.

While some, like Peter J. Forcelli, a retired deputy assistant director of the ATF, believe that requiring background checks for private sales to family members or friends may have merit, others argue that it would not effectively address the issue of criminals obtaining firearms. Forcelli suggests that efforts should be focused on prosecuting cases involving violent criminals and addressing the problem of violent crime in the country.

The ATF responded to the watchdog group’s letter by referring to the Bipartisan Safer Communities Act and stating that the proposed rule aims to amend the regulations applicable to the Gun Control Act. The agency argues that unlicensed dealing undermines the public-safety measures required for federal firearm licensees.

The watchdog group’s letter demands records and communications about the proposed rule, including from the White House and Eric Epstein. It warns against the potential dangers of enforcing such an expansive regulation, citing past incidents like the Ruby Ridge and Waco standoffs.

The proposed rule to ban private gun sales is sparking debates on gun control and Second Amendment rights. Gun rights advocates argue that it infringes on citizens’ constitutional rights, while proponents argue that it is necessary for public safety. The issue remains a contentious one, with both sides presenting their arguments in the ongoing discussion on gun regulations.

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