Commerce Department Rolls Back Biden-Era Rule on Gun Exports

AP Photo/Richard Lardner, File

As part of its whole-of-government attack on gun owners and the firearms industry, the Biden administration in 2024 imposed an Interim Final Rule that, among other things, reduced firearm export licenses from a four-year term to a single year, while creating several new Export Control Classification categories for semiautomatic rifles, pistols and shotguns. The rule also imposed a "presumption of denial" for all firearm export licenses to countries identified by the State Department as “at risk."

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Now the Commerce Department has announced a new proposed rule entitled "Revision of Firearms License Requirements", which the National Shooting Sports Foundation says will completely unwind the Biden-era rule. 

NSSF led the effort to repeal the export restrictions imposed by the Biden administration. NSSF worked diligently to ensure firearm, ammunition and components manufacturers and exporters were properly represented in opposing the IFR. NSSF worked closely with lawmakers on Capitol Hill and the Trump administration to remove these onerous, overreaching and punishing export restrictions that did not improve public safety in foreign countries and only served to starve U.S.-based businesses by eliminating the ability to compete in global markets. The Biden-era export restrictions cost the firearm industry an estimated $500 million in lost business annually.

“The firearm industry is tremendously grateful to the Trump administration and BIS officials for their actions to restore American competitiveness in firearm manufacturing and exports to foreign countries,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “American firearm manufacturing is the worldwide leader and removing these restrictions will restore access to foreign markets while continuing to maintain adequate export controls to prevent illegal firearm trafficking.”

The Biden administration imposed the IFR in 2024, throttling firearm, ammunition and component exports to foreign markets. That followed a “90-day pause” that froze all exports to examine export licenses, which was extended to more than six months to allow for review. The result was a decimation of the Export Control Reforms that were initiated by the Obama administration and completed by the Trump administration.

The Final Rule by the Trump administration’s BIS will remove unnecessary regulatory and financial burdens placed on the firearm industry, the American people and the U.S. economy. The Final Rule will restore firearm exports back to a four-year lifespan. Those licenses were restricted to just one year under the Biden administration’s IFR. Also eliminated is the “presumption of denial” licensing policy for commercial sales to 36 countries arbitrarily identified by the State Department as “at risk.” Additionally, the case-by-case license review basis that considered human rights over foreign policy and national security factors, will end. BIS has reverted to the licensing policies in place prior to the 2024 IFR.

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This is good news for gun makers, and ultimately for gun owners as well. While gun owners won't directly be affected by the new rule, since it deals with firearm exports, not imports, the ability for U.S. gunmakers to take advantage of foreign markets will help soften the blow of the decline in domestic gun sales... and may even keep some companies in business that would otherwise be looking at shutting their doors. 

As The Reload's Stephen Gutowski noted back in May, gun sales have been steadily slowing down since the Great Gun Run of 2020, and in July the NSSF reported there were fewer than 1,000,000 NICS checks performed on firearms transfers; the first time that had happened in 63 months. Last month NSSF reported 1,091,342 NICS checks on gun transfers; an increase compared to the month before but a 9.6% decline compared to August, 2024. 

What's causing the decline? There are a number of factors at work, including concerns over the economy and inflation, but I suspect there's not as much of a sense of urgency about purchasing firearms with President Donald Trump and Republicans in Congress. Concerns over gun control can still be found in some states; concealed carry permit applications increased by over 300% in some Colorado counties ahead of new restrictions on concealed carry licenses, for instance. 

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The recent targeted acts of violence that we've seen in places like Utah, Texas, Minnesota, and Michigan might also lead to an increase in sales, but it's too early to see any concrete signs of that happening... and certainly not on the scale of what we saw five years ago. 

Some companies are going to be better prepared to handle the downturn than others, but the move by the Commerce Department should allow a significant portion of the firearms industry to better serve an international market... which in turn will allow them to keep producing the firearms that we use here at home to exercise our Second Amendment rights. 

Editor’s Note: President Trump and his administration are taking historic steps to protect our Second Amendment rights and right to self-defense.

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