
Several Republican members of the United States Congress want Secretary of Commerce Howard Lutnick to reverse a Biden administration rule restricting firearm exports.
On March 7, 88 members of the U.S. House of Representatives and the U.S. Senate, led by Sen. Mike Lee (R-UT) and House Homeland Security Committee Chairman Mark Green, (R-TN) sent a letter to Lutnick calling him to scrap the policy, which was part of the Biden Administration’s anti-gun agenda via administrative fiat.
“As soon as is practically possible, we respectfully request that you rescind the Department of Commerce Bureau of Industry and Security’s (BIS) recent interim final rule (IFR) ‘Revision of Firearms License Requirements,” the letter declared. “This misguided and destructive IFR is costing the American firearms industry nearly $500 million annually while doing nothing to advance U.S. interests or regional stability. Despite numerous attempts to rein in these actions through letters, legislation, hearings, markups and oversight, the Biden BIS ignored Congress and used the IFR to advance the Biden administration’s anti-firearms agenda.”
The Biden administration’s temporary export ban was initially rolled out as a 90-day pause on many U.S. firearms exports in late October 2023. This “temporary” pause was implemented to allow for a regulatory review of firearm exports. However, on April 26, 2024, the Commerce Department’s Bureau of Industry and Security (BIS) published an Interim Final Rule that made this pause permanent and implemented additional regulatory burdens on firearm exports.
This ban created three new Export Control Classification Numbers (ECCNs) for semi-automatic rifles, pistols, and shotguns, while implementing a case-by-case approval process for licenses, weighing factors such as foreign policy, national security risks, government corruption, diversion of firearms, and human rights abuses.
Further, it introduced a presumption of denial for firearm export licenses to 36 nations arbitrarily deemed as “at risk” by the State Department, and revoked all existing previously approved firearm export licenses to “high risk” countries, which would be effective 60 days after May 30, 2024. Under this policy, U.S. companies with existing firearm export licenses would ultimately be required to re-apply for new licenses.
The National Shooting Sports Foundation (NSSF) was critical of this move, stating that it was intended to hinder the firearm industry’s ability to compete internationally under the guise of advancing U.S. national security. The NSSF also contended that this policy would result in significant financial losses for U.S. manufacturers and exporters.
The letter also made a reference to President Donald Trump recently issuing an executive order directing the newly appointed Attorney General Pam Bondi to conduct a comprehensive review. This review encompasses various actions taken by executive departments and agencies, including orders, regulations, guidance documents, plans, and international agreements. The focus of this review is to identify any measures that may infringe upon Second Amendment rights or align with the Biden administration’s perceived anti-firearms policies.
“Section (2)(b)(vii) of the executive order specifically requires the review and remediation of any agency action regarding the ‘processing of applications, to make, manufacture, transfer or export firearms.’ Because this IFR stops the commercial export of firearms, ammunition and related components to over 36 countries and severely limits the ability of American businesses to obtain export licenses, we believe this IFR ought to be addressed immediately,” the letter read.
Sen. Lee stressed the importance of taking immediate action to roll back these unconstitutional measures.
“For too long, federal agencies have tried to constrict our Second Amendment rights indirectly, in this case by hurting law-abiding gun manufacturers by severely limiting their ability to export firearms,” Sen. Lee said in a press release announcing their push to get Lutnick to reverse course. “I look forward to the Trump administration rectifying this unjust rule pushed by Joe Biden’s bureaucrats.”
Rep. Green, who teamed up with Sen. Lee, in spearheading this campaign, said he and the other members of Congress are optimistic that Commerce Secretary Howard Lutnick will reverse this regulation.
“The Biden-Harris administration’s interim final rule on issuance and renewal of export licenses for certain firearms, related components and ammunition has now lasted almost a year,” Rep. Green observed. “With the confirmation of Secretary Lutnick, I trust that this IFR will come to an end. BIS’s actions cost American firearm manufacturers over $500 million annually. It’s time to end this attack on the Second Amendment, and I look forward to immediate action from the Department of Commerce.”
Republicans hold majorities in the House (218-214) and the Senate (53-47), so passing any legislative measures won’t necessarily be a walk in the park due to the razor thin majority they hold in the House. However, with the right pressure from congressional leaders, the Chamber of Commerce could be convinced to take action and nullify this Biden-era policy.
About José Niño
José Niño is a freelance writer based in Austin, Texas. You can contact him via Facebook and X/Twitter. Subscribe to his Substack newsletter by visiting “Jose Nino Unfiltered” on Substack.com.
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