Hagerty, Colleagues Announce Legislation to Block Biden Admin Rule Restricting Americans’ Second Amendment Rights

April 30, 2024

Hagerty-led Resolution of Disapproval would overturn the Department of Commerce’s Bureau of Industry and Security’s rule that would permanently extend the current “pause” on firearm export licenses

WASHINGTON—United States Senator Bill Hagerty (R-TN), a member of the Senate Banking Committee, today announced his plan to file a Congressional Review Act (CRA) Resolution of Disapproval to block the Department of Commerce’s Bureau of Industry and Security (BIS) interim final rule that prohibits Americans from exercising their Second Amendment Rights. The Resolution of Disapproval is co-sponsored by Senators Marsha Blackburn (R-TN), Ted Budd (R-NC), Shelley Moore Capito (R-WV), Tom Cotton (R-AR), Kevin Cramer (R-ND), Mike Crapo (R-ID), Steve Daines (R-MT), Deb Fisher (R-NE), Cynthia Lummis (R-WY), and Jim Risch (R-ID).

The interim final rule severely restricts the ability of American firearm, ammunition, and related-component manufacturers to obtain a license to export their products for sale. This is an attempt to effectively permanently extend the current “pause” on such export licenses and will rescind approximately 2,000 active export licenses for certain firearms. In addition to being an unlawful, unjustified exercise of regulatory authority, this will have a substantial, negative impact on these American manufacturers, their suppliers, and the jobs they support. 

“This rule is another Operation Choke Point—a politically motivated effort that significantly harms Tennessee manufacturers—and will consequently destroy U.S. jobs and small businesses that support the firearm and ammunition industry,” said Senator Hagerty. “The Biden Administration has made clear that its goal is to damage the firearm industry that supplies the products that allow Americans to exercise their constitutional freedom. Crushing American exports is just a means to skirt the legislative process and do damage to yet another Biden-disfavored industry. I’m pleased to lead my colleagues in an effort to overturn this unlawful and unwarranted rule and protect American enterprise.”

“With its issuance of this rule, the Department of Commerce is continuing the Biden administration’s assault on the Second Amendment,” said Senator Blackburn. “By targeting the manufacturing base of a constitutionally protected industry with regulatory burdens that will decimate small manufacturers and their employees, the Biden administration is using national security as a veil to cover up its anti-gun agenda, while failing to address the real national security crisis taking place at our southern border.”

“President Biden’s pause on export licenses is actively harming America’s firearm and ammunition industry, and is an attempt at implementing gun control by sidestepping Congress,” said Senator Capito. “This rule cannot stand, which is why I joined my colleagues in announcing our intent to overturn this rule.”

“The Commerce Department’s rule will only hurt small businesses and law-abiding Arkansans,” said Senator Cotton. “It’s just another example of the Biden administration’s efforts to restrict the Second Amendment, and I’m proud to join my Senate Republican colleagues in stopping this overreach.”

“The Commerce Department’s interim final rule severely curtails U.S. firearms manufacturers’ rights, pausing exports and canceling 2,000 licenses,” said Senator Cramer. “This overreach jeopardizes our national security, threatens jobs, and directly assaults the Second Amendment. It must be reversed.”
“The Biden Administration continues to seek underhanded methods of advancing its anti-gun agenda,” said Senator Crapo. “This over-regulation unnecessarily harms American businesses and the employees they support.”

“The Biden administration’s regulatory agenda is a threat to our Montana way of life and this new rule is no exception,” said Senator Daines. “Coming after gun manufacturers and exporters will kill American jobs, hurt small businesses and diminish our Second Amendment rights. This rule must be reversed.”

“Wyoming firearm and ammunition manufacturers have every right to export their products just as every business in this country does,” said Senator Lummis. “This politically motivated export restriction is wrong, and I am proud to join Senator Hagerty in protecting the Second Amendment and overturning this disastrous rule.”

“The Biden administration will use every method available to restrict Americans’ ability to lawfully purchase or sell firearms,” said Senator Risch. “This export pause will hurt American manufacturers and employers, and it is just another attempt to illegally penalize an industry the left does not support.”

Members of the public who would like to comment on this rule can do so here.