Press Release: Tuberville, Colleagues Demand Answers from Biden Admin on Second Amendment Infringement 

WASHINGTON – U.S. Senator Tommy Tuberville (R-AL) joined a group of 25 senators in sending a letter to Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Acting Director Marvin Richardson demanding ATF provide answers on recent actions to infringe on Americans’ Second Amendment rights by preventing law-abiding citizens from creating and owning suppressors. 

In a letter to the ATF, the senators wrote“These continued assaults of the Second Amendment threaten law-abiding Americans’ rights as they try to follow ATF guidance on making these parts. We request that the ATF provide us answers on why they are rejecting legal applications and denying law abiding citizens access to their Second Amendment right. The ATF was not established to interfere with a basic right afforded to every American.”

Sen. Tuberville was joined by Senators Steve Daines (R-MT), Jim Inhofe (R-OK), Mike Crapo (R-ID), Jim Risch (R-ID), Mike Lee (R-UT), Cynthia Lummis (R-WY), James Lankford (R-OK), John Boozman (R-AR), Roger Marshall (R-KS), Kevin Cramer (R-ND), John Hoeven (R-SD), Mike Braun (R-IN), Todd Young (R-IN), Ted Cruz (R-TX), Thom Tillis (R-NC), Shelley Moore Capito (R-WV), John Barrasso (R-WY), Richard Burr (R-NC), John Cornyn (R-TX), Rand Paul (R-KY), Ben Sasse (R-NE), John Thune (R-SD), Tim Scott (R-SC), Deb Fischer (R-NE) and Bill Hagerty (R-TN).

Read the full letter below or here.

Dear Mr. Richardson:

We write regarding the recent actions taken by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to limit Americans’ Second Amendment rights. The ATF is overstepping their authority by rejecting law-abiding Americans’ attempts to create and own a silencer. 

It has come to our attention that the ATF has rejected hundreds of the “Application to Make and Register a Firearm” form, better known as “Form 1.” According to the ATF website, the National Firearms Act (NFA) and the Gun Control Act (GCA) do not prohibit the creation of a silencer, or suppressor. Historically, the ATF has required Americans to file a Form 1, pay the $200 fee, and they would be permitted to make the suppressor for their own personal use.

These continued assaults of the Second Amendment threaten law-abiding Americans’ rights as they try to follow ATF guidance on making these parts. We request that the ATF provide us answers on why they are rejecting legal applications and denying law abiding citizens access to their Second Amendment right. The ATF was not established to interfere with a basic right afforded to every American. We request answers to the following questions:

  1. Please explain why the ATF is denying Form 1 applications for silencers.
  1. Please explain whether these denials reflect a change in policy in how the ATF

regulates self-made silencers. 

  1. Please explain what the ATF has done to inform the American people of its position

regarding a Form 1 application and devices it believes are silencer “kits,” so that law

abiding Americans can attempt to comply with the law.

  1. Please explain how the ATF evaluates whether a Form 1 application for a silencer is

going to be used for a kit that, in ATF’s view, is already legally a silencer.

  1. Please explain why the ATF has repeatedly approved Form 1 applications for

silencers made from “kits” if the agency’s policy is that one or more items in the

“kits” are considered silencers. 

  1. Please explain how the ATF intends to handle approved Form 1 applications that

occurred before February 28, 2022 for silencers made from “kits.”

  1. Please explain how the ATF plans to make tax-free registration available for applicants who in good faith attempted to comply with federal law. If ATF does not plan to make tax-free registration available for applicants who in good faith attempted to comply with the federal law, please explain why.
  2. Please produce all documents and communications, including but not limited to ATF legal opinions, referring or relating to the ATF’s definition of a silencer, or what constitutes a silencer “kit.” 

We request answers to these questions no later than March 31, 2022.

Sincerely,

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