Protect American Gun Exporters Act would ban Commerce Department’s October 90-day pause on firearm exports
Should U.S. guns be shipped to consumers outside the U.S.?
Context
In 2020, President Donald Trump shifted federal oversight of gun exports from the State Department to the Commerce Department.
“The governing philosophy of the project is to ‘build a taller fence around a smaller yard’ by strengthening controls on the most militarily sensitive items,” the NRA (National Rifle Association) wrote in support, “while allowing less sensitive material with well-established civilian uses and markets to be subject to a more business-friendly regulatory climate.”
Under President Joe Biden, though, the federal government is taking a different approach. In an unprecedented move, on October 27, the administration’s Commerce Department issued a 90-day export ban on most civilian firearms and ammunition.
That 90-day period will apply until January 25, 2024. About 40 countries are exempt, including Israel and Ukraine.
What the bill does
The Protect American Gun Exporters Act would halt the current firearm export ban.
It would also make any potential future firearm export ban eligible for expedited nullification through the Congressional Review Act, a 1996 law that allows Congress to overturn certain executive agency rules or regulations.
The new bill was introduced in the House as H.R. 6504 on November 29, by Rep. Mark Green (R-TN7).
What supporters say
Supporters argue the bill would be circumvented by the true bad guys, while hurting key economic markets for legal gun manufacturers. A Reuters article cited Smith & Wesson Brands, Sturm Ruger & Co., and Vista Outdoor as three companies particularly hurt by the export ban.
“Pausing the issuance of export licenses for firearms, related components, and ammunition penalizes law-abiding civilians, while handing criminal actors a monopoly on force,” Rep. Green said in a press release.
“The Biden administration cannot continue trampling on the Second Amendment and crippling the American firearm industry,” Rep. Green continued. “My bill aims to right this wrong and prevent future arbitrary attacks on law-abiding American business owners.”
What opponents say
Opponents counter that the export ban will help prevent American weapons from ending up in the hands of people like Mexican cartel members.
“During this ‘pause’ period, the Department will further assess current firearm export control review policies to determine whether any changes are warranted to advance U.S. national security and foreign policy interests,” a Commerce Department FAQ read.
“The review will be conducted with urgency,” the FAQ continued, “and will enable the Department to more effectively assess and mitigate risk of firearms being diverted to entities or activities that promote regional instability, violate human rights, or fuel criminal activities.”
Odds of passage
The bill has attracted 14 cosponsors, all Republicans. It awaits a potential vote in the House Foreign Affairs Committee.
Odds of passage are low in the Democratic-controlled Senate.
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This article was written by GovTrack Insider staff writer Jesse Rifkin.
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