New York Attorney General Letitia James is co-leading a coalition of 23 attorneys general opposing a Trump administration effort to eliminate or weaken gun regulations governing background checks, dealer licensing, online sales, firearm records and weapons imports.
The coalition filed 13 comment letters after the Bureau of Alcohol, Tobacco, Firearms and Explosives proposed rolling back or eliminating 32 regulations beginning in May. James and the other attorneys general argue the proposals exceed ATF's authority, conflict with federal law and would hinder state and local law enforcement.
The comments contend that ATF failed to provide adequate evidence or explanation for many of the proposed changes, did not complete required consultation with states and did not satisfy the federal Administrative Procedure Act. The coalition also alleged that some proposals reflect undisclosed firearms-industry influence.
ATF had not enacted the proposed changes described in the release. The attorneys general are asking the agency to withdraw them through the federal rulemaking process.
Background checks and unlicensed sellers
One proposal would allow buyers with certain state-issued permits to purchase firearms without a new federally required Brady Act background check. The coalition argues that could create opportunities for prohibited purchasers and traffickers to obtain guns.
Another proposal would change the standard used to determine who must obtain a federal firearms license. James and the coalition said the change could allow more sellers to operate without performing background checks or keeping sales records.
The attorneys general said that would undermine provisions of the 2022 Bipartisan Safer Communities Act adopted after the mass shootings at a Buffalo supermarket and an elementary school in Uvalde, Texas.
The coalition also objected to proposed changes in how illegal straw purchases are identified. A straw purchase occurs when one person buys a firearm for another person who is prohibited from buying it. The attorneys general said uncertainty in the standard could create a route for prohibited buyers to acquire firearms.
Mental health rules and online identity checks
ATF is proposing to narrow categories of people barred from possessing firearms because of serious mental illness. The coalition said the agency has acknowledged the change could increase the risk of mass-casualty events.
The attorneys general also oppose allowing remote identity verification for online firearm purchases. They argue in-person verification helps prevent purchases by minors, traffickers and people at risk of harming themselves or others, and contend the proposed remote process would violate the Gun Control Act and court precedent.
Another proposal would raise the threshold for finding that a licensed dealer willfully violated federal law. Federal law allows ATF to revoke a dealer's license for willful violations, and the coalition said changing that definition would make it more difficult to act against dealers that repeatedly break the rules.
Imports, accessories and safety notices
Two proposed changes would make it easier to import firearms and parts, including military-style weapons and assault-weapon components. The coalition said existing import restrictions serve a public-safety purpose.
The attorneys general also challenged a proposal to eliminate notices dealers must post under the Youth Handgun Safety Act. Those notices explain the risks handguns pose to young people and state that transferring a handgun to a person under 18 is generally illegal.
ATF is separately seeking to rescind an existing rule addressing stabilizing braces, attachments that can allow pistols to be fired from the shoulder. The coalition said eliminating the rule without a replacement would create enforcement confusion.
Another proposal would expand federal travel protections in ways the coalition said could allow banned firearm accessories to be carried across state lines into states where they are prohibited, including New York.
Records and firearm tracing
The coalition objected to changes proposed for Form 4473, the transaction record completed by licensed dealers for firearm sales. The attorneys general said weaker proof-of-residency requirements and longer background-check validity periods would make those records less reliable in criminal investigations.
They also said proposed changes involving the collection of biological-sex information could complicate crime-gun tracing and create confusion for purchasers.
ATF is considering a rule that would require destruction of firearm chain-of-custody and sales records after 20 or 30 years rather than keeping them indefinitely. The coalition said older records can remain important to investigations and prosecutions.
The states previously submitted comments on five proposed changes involving the National Firearms Act, which regulates machine guns, silencers and short-barreled rifles and shotguns. They also opposed separate revisions to Form 4473 that they said would impede tracing and make straw purchases easier.
James co-led the latest effort with attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington and the District of Columbia.
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