End to Firearms Export "Pause" Looms; Rules Leaked

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The Commerce Department's October 27 "pause" in the issuance of new export licenses involving firearms under its jurisdiction is expected to end this month, and industry and its friends in Congress are girding for battle.

The Protect American Gun Exporter Act introduced by Sen. Mike Lee (R-UT) seeks to forbid the Secretary from similar actions in the future and bar "unilateral' policy changes, while a leaked Commerce document proposes quite a few.

Policy Changes Proposed

In a  draft Federal Register Notice obtained by the website "The Reload" marked "predecisional"  Commerce proposes the addition of 

  • Two new ECCNs for semi-automatic firearms: rifle/pistol and semi-automatic shotguns.
  • Requirement for import certificates where required by the importing country.
  • Requirement for purchase order information, to limit "aspirational licensing"
  • Require submission of passport or other national identity card information for "all end users of those items."
  • Establishment of an interagency "Firearms Licensing Working Group."
  • Reduction of license term from four years to 12 months.
  • Adjustments to the License Exception regime, including a definition of CARICOM member states and associate members.

The Protect American Gun Exporter Act 

Sen. Lee's bill seeks to:

  • Prohibit the Secretary of Commerce from imposing blanket pauses on new export licenses for businesses selling firearms, ammunition, and components to non-governmental end users abroad.
  • Prevent the Secretary from unilaterally implementing policy changes following the Commerce Department’s proposed “assessment” of current export controls on these products.

"Instead of evaluating individual export license applications, as is standard practice," Sen. Lee's office writes, "the Commerce Secretary’s unilateral pause on granting any additional export licenses subjects gun manufacturers to an unacceptable regulatory purgatory."

Cosponsers Sens. John Thune (R-SD), Cynthia Lummis (R-WY), Steve Daines (R-MT), Mike Braun (R-IN), Tom Cotton (R-AR), and Rick Scott (R-FL) . The legislation is endorsed by Heritage Action, NRA-ILA, Gun Owners of America, the National Shooting Sports Foundation.  

For bill text, click HERE.

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