With Donald Trump barely settled behind the Resolute desk, Republicans have hit the ground running. Two new legislative efforts emerged in the first days of the new administration aiming to repeal the National Firearms Act (NFA) of 1934 and abolish the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
These initiatives reflect a growing movement to reshape federal firearms regulation in the United States and seek to make the most of the marriage between Trump and the Republican Congressional majority.
Repeal of the National Firearms Act
On January 13, 2025, Representative Eric Burlison (R-MO) introduced the “Repeal the NFA Act” (H.R. 335) in the House of Representatives. The NFA, enacted in 1934, was the first federal law to impose limitations on firearm ownership, requiring Americans to pay a $200 tax, register, and undergo an intrusive application process to own certain firearms and accessories.
Opponents of the NFA argue that unelected bureaucrats have weaponized the NFA to impose unconstitutional regulations on gun owners without congressional approval.
Recent unpopular NFA decisions, such as the ATF’s recent rule reclassifying firearms equipped with stabilizing braces as short-barreled rifles, have sparked widespread opposition from gun rights advocates and resulted in multiple federal court rulings against the ATF’s regulation. This is not the first time repealing the NFA has been proposed. Representative Burlison tried in 2023, where the bill’s movement stalled in the House Committee on Ways and Means.
Abolition of the Bureau of Alcohol, Tobacco, Firearms, and Explosives
In a parallel move, Representatives Lauren Boebert (R-CO) and Eric Burlison introduced the “Abolish the ATF Act” (H.R. 221) on January 7, 2025. The bill aims to dismantle the ATF, an agency within the Department of Justice responsible for enforcing federal firearms laws and regulating the firearms industry.
Critics of the ATF argue that the agency has overstepped its regulatory authority, infringing upon Second Amendment rights. The proposed legislation reflects a growing sentiment among certain lawmakers and constituents that the ATF’s functions are redundant and that its regulatory actions constitute federal overreach.
Context and Implications
These legislative efforts occur within a broader national debate over gun control and Second Amendment rights. Advocates for repealing the NFA and abolishing the ATF argue that such measures are necessary to protect constitutional freedoms and prevent needless bureaucracy. They contend that existing laws and regulations unduly burden law-abiding citizens and fail to effectively address criminal misuse of firearms.
Opponents, however, express concern that dismantling established regulatory frameworks could lead to increased availability of certain types of firearms and accessories, potentially exacerbating gun violence. They argue that the NFA and the ATF play crucial roles in ensuring public safety by regulating the manufacture, transfer, and possession of specific firearms and enforcing federal laws designed to prevent illegal firearm trafficking and misuse.
H.R. 335 and H.R. 221
As of January 31, 2025, both H.R. 335 and H.R. 221 have been introduced and referred to the House Committee on the Judiciary. The progression of these bills through the legislative process will be closely monitored by stakeholders on all sides of the gun control debate. Their outcomes could have significant implications for federal firearms regulation and the balance between individual rights and public safety in the United States.
Despite Republican control of both houses of Congress, success of these initiatives seems unlikely. Donald Trump has not been known to be a strong proponent of gun rights, having presided over the bump stock ban of 2018. He has also survived two separate assassination attempts on his life, making him an unusual advocate of loosening restrictions.
As a candidate, Trump courted the NRA and make promises about supporting the Second Amendment, but his method of enacting change may be more likely aimed at defunding related agencies and impacting their efficacy in less obvious ways. If his recent assignment of ATF agents to the border to assist with immigration control is any indication, this dilution of the ATF’s power seems to follow his past playbook more closely than overtly dismantling an agency or repealing a regulation like the National Firearms Act.