Dear Mr. Lowery:
Thank you for taking the time to contact me regarding the Biden Administration's recently unveiled "ghost gun" rule. Understanding your views helps me to better represent Florida in the United States Senate, and I appreciate the opportunity to respond.
I have always supported Americans' right to bear arms as ensured by the Second Amendment. I am also committed to working with my colleagues in the Senate to prevent gun violence.
On April 11, 2022, President Biden announced that the U.S. Department of Justice's Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) would be implementing a new rule purportedly addressing "ghost guns." The term "ghost guns" refers to kits that can be bought online and assembled into a firearm, and that often do not possess serial numbers or require background checks. The new rule redefines frame or receiver, now classifying these individual parts as firearms in-and-of themselves. In addition to redefining the term "firearm," the ATF's new rule also creates new reporting requirements for gun retailers.
Currently, private firearm dealers are required to keep certain purchase records which contain the customer's personal information and the firearm purchased for 20 years, after which the records may be disposed of. Under the new ATF rule, gun retailers would be forced to maintain all records indefinitely, including personal information of the buyer, until they go out of business, after which they are required to turn these records over to the ATF. In effect, this means the ATF will have a record of every gun sale in the United States conducted since 2002, creating a de-facto national gun registry, contrary to federal law.
When unveiling this rule, President Biden, who has consistently taken lenient stances on crime in our cities and at the Southern Border, claimed that the ATF's new rule would save lives and reduce crime. However, according to ATF data, "ghost guns" were used in less than .36% of homicides between 2016 and 2020. The impact of the ATF's rule will have little to no impact on crime and primarily impact law-abiding citizens, while also effectively creating a national gun registry.
That's why, on April 27, 2022, I joined Senator Ted Cruz (R-TX) in introducing Senate Joint Resolution 45, A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives relating to "Definition of 'Frame or Receiver' and Identification of Firearms." This resolution, if enacted, formally states that Congress disapproves of the Biden ATF's proposed rule and would render it null and void.
It is an honor and a privilege to serve you as your United States Senator. I will keep your thoughts in mind as I consider these issues and continue working to ensure America remains a safe and prosperous nation.
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