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Export Reform Rules Take Effect After Anti-Gun States (Mostly) Strike Out in Court

Monday, March 16, 2020

Export Reform Rules Take Effect After Anti-Gun States (Mostly) Strike Out in Court

On March 9, President Trumps historic Export Reform initiative officially got underway, as companion rules published by the U.S. Departments of State and Commerce took effect. These rules are aimed at modernizing Americas regime for exports of non-military firearms and ammunition and will promote both U.S. businesses and national security. An effort to block implementation of the rules by the attorneys general of 20 states and the District of Columbia largely failed, with the judge suspending only a narrow portion of the State Department rule that pertains to so-called 3-D printed firearms.”

Under the new rules, exports of non-military firearms (including most semi-automatic firearms) and their ammunition, parts, and accessories have moved from the jurisdiction of the U.S. State Department to the U.S. Commerce Department. The Commerce Department has for many years regulated the exports of non-military shotguns and shotgun shells.

The main benefits of this change are twofold. First, it will free up the State Departments oversight resources to tighten security around Americas most consequential and game-changing military technology. Meanwhile, the same sorts of firearms that can easily be obtained at big box retailers in the U.S. will be subject to a more business-friendly export climate that will allow U.S. manufacturers to compete on fairer footing in overseas markets.

These moves will ensure that foreign customers will have better access to Americas best-in-class products and that the whole international community will benefit from the professionalism and integrity of Americas export licensing and end-use verification protocols.

Simply put, there is no better safeguard against the diversion of firearms and ammunition into unlawful foreign markets than for the U.S. government to be overseeing the sales and transfers of small arms. This is only possible, however, if U.S. companies can realistically compete for foreign business. That was difficult when every commercial export of a firearm had to go through the same State Department vetting as the transfer to a foreign country of such sophisticated military technology as nuclear submarines or surface-to-air missiles. This was the case under the former regime.

To say the Commerce Department takes a more business-friendly approach to regulation, however, does not mean firearm exports will now be de-controlled or unregulated. Licensing – subject to inter-agency consultation on any risks posed by the potential customer – will still be required. All exports of firearms and ammunition will also have to comply with the laws of the destination country.

But instead of perhaps China or Russia selling firearms to a police department overseas with whatever haphazard scrutiny that might entail, it will now be more likely that a U.S. company can successfully compete for the same business.

Another benefit of Export Reform is that it will free non-exporting small businesses from the red tape and high fees of the State Department regulations. Every business that manufactures an item on the State Departments U.S. Munitions List” (USML) is subject to an annual registration requirement, which includes a $2,250 registration fee. This requirement applies even to businesses that dont export products and formerly included many gunsmiths whose only manufacturing” was upgrading existing firearms. Commercial firearms and ammunition manufacturers, as well as gunsmiths, already must register with the ATF, however, which made this requirement not only burdensome and expensive but largely duplicative.

Despite (or perhaps because of) the obvious benefits of the rule change, anti-gun attorneys general in various states and the District of Columbia had sued in federal court in Washington State to block the rules from going into effect. They claimed the process by which the rules were formulated was procedurally defective because the proposed rules did not contain specific discussions of how the regulatory changes would affect access to so-called 3-D printed firearms. This, they insisted, meant that the public could not adequately comment on this aspect of the rules and that the rules were arbitrary and capricious” and contrary to the underlying statutes.

In fact, the proposed rules were clear enough on how 3-D printing would be implicated to generate dozens, if not hundreds, of comments on that specific issue, including from those highly critical of how it would be handled.

And in response to those criticisms, the Commerce Department added a provision to its final rule to ensure that the online publication of code that could be used by a 3-D printer to produce a firearm or firearm frame or receiver would continue to be treated as a regulated transaction. This change essentially preserved the status quo of how the State Department regulates 3-D printing technology for firearms.

Nevertheless, the judge in the case employed some strenuous legal contortions to focus his consideration on the State Departments removal of certain 3-D printing technology from the U.S. Munitions list and not on the effect of the remedial provisions within the Commerce rule.

The upshot of this was that the court dismissed the Commerce Departments fix for the 3-D printing issue in a footnote and found that the State Departments removal of 3-D printing technology for the affected firearms from the USML likely violated the Administrative Procedures Act.

Fortunately (and perhaps in tacit recognition of the decisions questionable foundations), the court blocked the rules only as they applied to removal from the USML of technical data and software directly related to the production of firearms or firearm parts using a 3D-printer or similar equipment.” This change, however, does not diminish the considerable good that the rules otherwise accomplish.

The NRA is grateful to President Trump for his leadership in this effort and is pleased to see a strongly pro-gun project that was years in the making finally come to fruition. 

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Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

News  

Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

News  

Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

News  

Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

NYC Subway More Dangerous Than the Gridiron?

News  

Monday, December 16, 2024

NYC Subway More Dangerous Than the Gridiron?

Violent crime in New York City has been a growing concern over the last few years.  

Shocker! Joe Biden Exercises Presidential Authority to Expand Access to Firearms

News  

Monday, December 23, 2024

Shocker! Joe Biden Exercises Presidential Authority to Expand Access to Firearms

No, that is not a headline from a satirical news site. Indeed, it may come as a surprise to many (and perhaps even to the man himself), but Joe Biden has in two short days ...

Maine: Prepare for Progressives to Attack Your Hunting Rights

Wednesday, December 18, 2024

Maine: Prepare for Progressives to Attack Your Hunting Rights

While 2024 may be winding down now, the 2025 legislative session is about to heat up, and radical anti-gun progressive politicians are already planning new ways to strip you of your fundamental rights.  

U.S. Supreme Court Lets Hawaii Off With a Warning … For Now

News  

Monday, December 23, 2024

U.S. Supreme Court Lets Hawaii Off With a Warning … For Now

Last February, we reported on the judicial equivalent of a temper tantrum emanating from the Hawaii Supreme Court over the U.S. Supreme Court’s Second Amendment jurisprudence. 

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.