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Shutdown Shows We Must Scale Back Bureaucratic Infringement of Gun Rights

The ATF’s long record of abuses against American gun owners should be ample reason to strip the agency of its power — and its funding — but the recent government shutdown put yet another spotlight on why this hyperpolitical bureaucracy has no place in a free society. As Democrats held Congress hostage for 43 days, playing political chess with millions of their own constituents, American gun owners discovered their own Second Amendment rights were also being curtailed. Though the National Instant Criminal Background Check System (NICS) continued operating, much of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) — including the National Firearms Act (NFA) Division, the Firearm and Ammunition Technology Division (FATD), and the Federal Firearms Licensing Center (FFLC) — were understaffed or closed. (RELATED: When Public Service Really Matters) These divisions are imperative for enforcing every aspect of gun ownership laws and hold sway over how Americans utilize their Second Amendment rights. As a result, essential approvals and classifications ground to a halt — leaving gun owners stuck in legal limbo and unable to take possession of guns they’d already lawfully purchased. (RELATED: The Spiritual Roots of the Second Amendment) Manufacturers and dealers were hit just as hard, as new products couldn’t be classified, and federal firearms licenses (FFLs) couldn’t be renewed or processed. While it’s ordinary for “non-essential” departments to be shuttered during a shutdown, it is inconceivable to assume that would include a constitutionally protected right. If anything, it’s very telling of how the unelected bureaucrats behind the ATF view gun ownership. How has an agency with a hostile history towards firearm ownership continued to retain final say over a God-given right? This realization undeniably calls into question the legitimacy of the agency and highlights two very unavoidable questions: How has an agency with a hostile history towards firearm ownership continued to retain final say over a God-given right? And if the government shutdown can hinder the Second Amendment, are we truly free to defend ourselves and our republic against tyranny? Congressional Republicans, for their part, took well-intentioned steps toward fixing this problem even during the shutdown. Idaho Sen. James Risch (R) introduced the Firearm Access During Shutdowns Act of 2025 (SB 3085) in late October, while Virginia Rep. Ben Cline (R) introduced the Firearm Access During Shutdown Act (HR 5874). These bills would guarantee law-abiding citizens the ability to exercise Second Amendment rights regardless of the government’s funding status. While Risch, Cline, and 29 colleagues have the right idea, it’s the wrong execution — a band-aid for a bullet wound. The truth is that, even if these bills pass, this issue will come up again in the next government shutdown because the ATF is too easily weaponized. Many Americans are already aware of the sometimes-sinister nature of the government; take the CIA, for example. But what few realize is that the ATF is no different… just far less discussed. Time to Think Bigger Under the Biden administration, the ATF proved to be the White House’s weapon for circumventing gun rights numerous times. The agency, under the directive of President Joe Biden, implemented a “zero tolerance” policy that targeted FFL carriers for minor clerical errors. Instead of helping the FFL holders fix the issues, as a regulatory agency should, the ATF began to close stores at a rapid rate — creating a 16-year high for FFL revocations. Under Biden, the agency also began to rewrite rules and edit definitions for firearms. One rule redefined “Short Barrel Rifles” — a decision that effectively transformed millions of lawful gun owners into overnight felons if they didn’t pay a tax and comply with the ATF’s new rule. When the ATF’s horrific overreach does come up, we often recall Ruby Ridge, where U.S. Marshals and other federal agents killed a family in cold blood over the sale of two shotguns, or the Waco debacle, when the ATF launched a military-style assault on a religious group led by David Koresh — an operation that ended with 76 people burned alive. Yet too many conservatives delude themselves that such horrific actions won’t happen again. Our misplaced trust and naïve belief that the government won’t harm lawful gun owners is a blind spot, even on the America First Right. But we don’t have to look far to see a recent example of the ATF’s outrageous violence. In March 2024, the ATF sanctioned the killing of Brian Malinowski in cold blood, far exceeding its mandate as a regulatory agency. Malinowski was the 53-year-old executive director of the Bill & Hillary Clinton International Airport in Little Rock, Arkansas. By all accounts, he was a good father, faithful husband, and upstanding member of his community. Malinowski’s “sin” in the ATF’s eyes: He was an avid, legal gun collector, landing him on a government watch list. Around 6:00 AM on a frigid spring morning, ATF agents knocked on the Malinowskis’ front door, allowing Brian just 28 seconds to rise from his bed and open the front door before agents stormed inside — and fatally shot him. Their justification for treating Malinowksi like a terrorist: He had legally accumulated about 150 firearms over three years and engaged in transactions with fellow collectors. Malinowski, who may have believed he was defending his home from intruders in a state that honors the castle doctrine, should never have been placed in that position. The ATF could have simply called Malinowski or scheduled an interview if they believed he needed to clarify some of his purchases and transactions. The tragedy underscores a hard truth: the ATF remains the same rogue agency from Ruby Ridge and Waco, a regulator operating as a paramilitary organization. There’s certainly value in an agency capable of combating cartel activity and policing explosive devices. But that’s no reason to continue allowing an agency to block our Second Amendment rights if the government shuts down, or if Democrats unleash it on law-abiding citizens. The right to self-defense isn’t a privilege, but the bedrock of the Constitution. Our founding Declaration says we hold these truths to be self-evident. Until conservatives start acting that way, however, we’ll continue to watch those rights disintegrate. READ MORE from Bronson Winslow: Tesla Terror Attacks Show Americans Aren’t Buying the Left’s Fake ‘Grassroots’ Game Anymore Trump Struck a Blow for Gun Rights in 2024. Now We Must Make That Victory Permanent. Bronson Winslow is an investigative researcher for Restoration News covering gun control and crime policy.