Durbin, Senate Democrats Sound Alarm On Proposed ATF Rule On Transporting Firearms

WASHINGTON – Today, U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, led a group of Senate Democrats in sounding the alarm on a proposed federal gun regulation that would allow individuals to circumvent state laws regarding possession or carrying of firearms and ammunition.

In a letter to Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Director Robert Cekada, the Senators wrote: “As members of Congress, we are committed to protecting the safety of our constituents and the Nation. For this reason, we submit this comment opposing the Bureau of Alcohol, Tobacco, Firearms and Explosives’ proposed rule, Clarifying Interstate Transportation of Firearms Under the Gun Control Act.”

“Congress enacted 18 U.S.C. § 926A to provide qualifying people with a defined safe harbor for the interstate transportation of firearms. The statute offers limited legal protection to a person transporting an unloaded firearm between places where that person may lawfully possess and carry it, provided that both the firearm and ammunition are not readily or directly accessible at any point during transportation. ATF’s Proposed Rule, however, would dramatically expand this protection to include overnight lodging, food and fuel stops, vehicle maintenance, medical treatment, transfers between modes of transportation, passenger pickups and drop-offs, and ‘any other activity incidental to the original transportation.’ It would also extend the safe harbor to a nonexclusive list of attachments, accessories, and other items, including: magazines, feed strips, stabilizing braces, weapon-mounted lights, optics, slings, holsters, and firearm cleaning kits. As a whole, the Proposed Rule would transform § 926A into a wider federal preemption regime than Congress ever intended, and, in doing so, would create serious risks to public safety both on its own and as it vitiates critical state and local gun violence prevention laws,” the Senators continued.

Specifically, the Senators cited the following reasons for ATF to withdraw the proposed rule in its entirety:

• ATF’s limited rulemaking authority does not permit the Agency to alter or enlarge § 926A;
• The Rule ignores that Congress repeatedly considered, but did not enact, materially similar expansions of § 926A;
• The Rule’s accessory provision is overbroad;
• The Rule would displace state law without adequate consultation; and
• The Rule does not adequately address burdens on law enforcement or provide clear standards for responsible owners.

“The Rule exceeds ATF’s implementation authority, expands the reach of § 926A, and treats distinct firearm accessories as if they present identical legal and public safety issues. The Rule risks displacing legislation such as Illinois’s Protect Illinois Communities Act without adequate assessment of state firearm laws, public safety impacts, or law enforcement burdens. The Rule also introduces solvent-trap and trafficking risks while leaving responsible firearm owners to interpret vague standards. These are not defects that minor revisions can fix. We urge ATF to withdraw the Proposed Rule in its entirety,” the Senators concluded.

In addition to Durbin, the letter is signed by U.S. Senators Adam Schiff (D-CA), Chris Murphy (D-CT), and Richard Blumenthal (D-CT).

For a PDF of the letter to Director Cekada, click here.

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