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Summary
Transcript
I guess we’re going to find out. Now we have the strongest attempt yet at reopening the NFA division. For those who aren’t aware, the NFA division was vacated with the government shutdown and nothing’s being processed, which means the Second Amendment is on hold. Hey folks, welcome back to the channel. We’ve got news out of Congress that could have major implications for the National Firearms Act, suppressor regulation and bureaucratic overreach going forward. A block of 26 House Republicans is demanding that the ATF reopen its NFA division and resume processing NFA applications.
That might sound dry at first, but trust me, it’s a big deal for everybody who cares about gun rights, regulatory burdens and constitutional limits on our federal agencies. And I will add here that I would prefer that all 219 House Republicans cared enough. I would prefer they all cared enough to push back here and put their name on this letter. But I guess most of them are okay with NFA restrictions existing, so there’s that. I’m going to break down what’s going on, why it matters and what the legal and constitutional angles are here and what could happen next.
So let’s dig in. Like I mentioned, 26 House Republicans, I apologize if you hear the background noise. I’m in this corner because we’re having some windows replaced and it’s loud. I apologize. But 26 House Republicans led by Representatives Ben Klein and Mary Miller have formally demanded that the Bureau of Alcohol, Tobacco, Firearms and Explosives reopen its National Firearms Act division and resume processing NFA applications. Why is this demand even necessary? Well, A, NFA is an unconstitutional infringement. B, because the ATF has suspended or severely curtailed its processing of national firearms applications, meaning suppressors, short-barreled rifles, short-barreled shotguns and any other regulated item.
They’re basically stuck in limbo right now and it’s crippling for lawful owners, dealers and manufacturers. This demand letter from the House Republicans argues that ATF shutdown or slowdown is arbitrary, harmful to the Second Amendment and an overreach of agency power. Their position is if Congress authorized the NFA regime, then it must, the ATF, it is, that is, it must be carried out. Now, they can’t just pick and choose which parts to enforce or pause here, which is what we’re getting down to here. They specifically want ATF to be directed to return to full operation, accept, review, approve or deny, if necessary, NFA applications within the statutory framework.
No more silent delays, no more hidden pause by bureaucratic fiat. I’m going to put the letter on the screen. It’s like eight paragraphs, so not long, but here it is. So Jared, from the future here, as I’m editing this, I just received an update. I’m going to still give you the letter. I’ll read you the letter and tell you what just happened as I’m editing this. Dear Acting Director Driscoll, on September 30, 2025, Senate Democrats voted against H.R. 5371, the continuing appropriations and extensions act of 2026, which would have funded the federal government through November 21st of 2025.
Instead of funding the government to benefit American citizens, Democratic senators chose to pursue taxpayer funded health insurance for illegal aliens. Meanwhile, congressional Republicans would have kept the government open to pay our troops, our federal workforce, and to prevent disruptions in government benefits. As a result of this Democrat led shutdown, ATF, like most federal agencies, is operating at a reduced workforce. And while Democrats continue to fight for benefits for illegal aliens, the constitutional rights of Americans are being infringed as a result. That is because, under federal law, Second Amendment rights cannot be fully exercised without the involvement of the federal government.
This clearly is not what the framers intended, but it is this country’s unfortunate reality. They didn’t intend for the NFA either. As you know, National Firearms Act application examiners are among the ATF employees currently furloughed during this shutdown. This means that Americans are currently unable to acquire widely popular NFA regulated firearms and safety equipment, such as short barreled rifles and silencers, because no one at ATF will approve their applications at this time. Indeed, the Department of Justice Fiscal Year 2026 contingency plan for operations does not list those officials as critical employees whose activities will continue during periods of government shutdown.
Instead, the contingency plan outlies the following categories of activities that will continue to operate during a lapse in appropriations. One, those funded by a source that has not lapsed, such as permanent, indefinite appropriations and carryover of no year funds appropriated in a prior year. Two, for those which there is an express authority to continue during an appropriations lapse. Three, those for which authority to continue during an appropriations lapse arises by necessary implication. Four, those related to the discharge of the president’s constitutional duties and powers. And five, those related to emergencies involving the safety of human life or the protection of property, i.e.
where there is reasonable likelihood that the safety of human life or the protection of property would be compromised in some significant degree by delay in the performance of the function in question. Indeed, NFA application approvals are related to the discharge of the president’s constitutional duties and powers. The president of the United States is charged with protecting and defending the Constitution of the United States, and this includes the Second Amendment. To be sure, the National Firearms Act unquestionably violates the Second Amendment. But in enacting this statutory scheme, Congress tasked the executive branch with issuing application determinations.
The president therefore has a constitutional imperative to ensure that Americans can exercise their Second Amendment rights even during periods of government shutdown. Otherwise, constitutionally enumerated rights rise and fall with congressional appropriations. Furthermore, ATF’s current policy of furloughing NFA examiners may compromise human life and the protection of property. Just as it has now, ATF stopped processing NFA applications during the October 2013, January 2018, and the 2018-29 winter government shutdowns. During these periods of indefinite delay, ATF deprived Americans of access to regulated arms. The inability to acquire firearms necessarily infringes an American’s ability to protect themselves, their loved ones, and their property.
But as acting ATF director, you have significant authority to propose or classify which ATF positions are designated as accepted during a lapse in appropriations, subject to DOJ’s contingency plan, OMB and OPM guidance, and the legal constraints on what may lawfully continue during a shutdown. Please respond to us within the next 10 days with your plan to 1. Protect American Second Amendment rights to NFA regulated firearms during a period of government shutdown. 2. Issue a determination to designate NFA examiners as accepted during a government shutdown and 3. Articulate what plan you have in place to prevent these indefinite Second Amendment related delays from reoccurring in the future.
Sincerely, Ben Klein, Mary Miller, Andrew Clyde, Jen McGuire, Michael Cloud, Andy Biggs, Randy Fine, Russ Fulcher, Victoria Spartz, Michael Rooley, Mark Harris, Jefferson Shreve, Elijah Crane, Mike Collins, Robert Onder, Harriet Hagerman, August Fluger, Randy Weber, Chuck Flechman, Chip Roy, Paul Gosar, Marjorie Taylor Green, Rick McCormick, Barry Moore, Riley Moore, Eric Burleson, Earl Buddy Carter, Wesley Hunt, Troy Downing, and Randy Yackin. All right, so now that’s the letter. And originally, the rest of this video was to say what could happen in the following days, the nine days they had left. And it is now breaking news that the ATF’s NFA examiners will return to work and resume application processing effective Monday.
So they will be going back to work on Monday to resume NFA application processing. So I want to give a big thank you to the Republicans who put their name on that paper. Also, the American Suppressor Association, the OMB, Jim Jordan had a big role in this. Rep Klein had a big role in this, as well as all the groups that put their name out, the American Suppressor Association did a bunch of work on this. So, you know, and I know GOA and SAF and NRA and everybody behind the scenes was putting forth effort.
So good on the DOJ and the Assistant Director of ATF to fix the problem. Now speed up the applications, I guess, maybe play catch up, but let me know what you guys and gals think down below. I still would like you to put pressure on all of your representatives. I still want you to stay in their forefront. They should know who you are. And we know that they watch this channel, the AG’s office, their staff, the White House, the DOJ, we know they watch this channel. So keep pressure on them because our concerns are being heard.
And that’s a pretty good thing to know that they’re listening to us directly when before other DOJ’s wouldn’t have other administrations didn’t care. Now, we’ll see if they do better in the Second Amendment and I will keep you up to date every step of the way. When they deserve praise, I’ll give it to them. When they deserve to be criticized, I’ll give it to them. And if you like somebody to hold them accountable and just tell you the way it is, then subscribe to Guns and Gadgets, because I’ll do that every single day.
And if you’re not seeing at least a video every day, sometimes I do two, like today, I might even do three. Double check this channel, head back on YouTube, physically go to the channel and look at it because YouTube, for whatever reason, doesn’t want to help get the word out. Appreciate y’all. Be safe, stay vigilant, carry a gun to keep you, your friends, your family, your community safe. Stay armed America and stay free. Take care. [tr:trw].
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