Senate Democrats Ask Biden to Reverse Transfer of Gun Export Controls From State to Commerce

Three top Senate Democrats urged President Joe Biden to reverse a Trump-era rule that transferred export controls of firearms, ammunition and other defense items from the State Department to the Commerce Department, saying the transfer creates less oversight over dangerous weapons exports. The January 2020 rule (see 2001170030) put in place “less-restrictive controls” over a range of lethal weapons, Sens. Bob Menendez of New Jersey, Dianne Feinstein of California and Patrick Leahy of Vermont said in an April 19 letter. They also said the transfer eliminated Congress’ ability to “be aware of and legally disapprove” of sales above $1 million.

“Restoring the export control of semiautomatic assault-style and sniper rifles to State is a change your administration can effect in short order without legislation and without approval from Congress, but through the regulatory process,” the senators wrote Biden. “For U.S. foreign policy and national security, and for the sake of humanity, these weapons need to be controlled as lethal defense articles on the U.S. Munitions List.”

While most of the controls were transferred from the State Department to Commerce, a U.S. court last year granted a request to temporarily block the transfer of controls over technology and software for 3D printing of guns (see 2007080037), an issue the Biden administration is “reviewing,” the senators said. “Transferring export control over all semi-automatic firearms back to the State Department” would “address this problem.” The White House didn’t comment.

While the rule drew opposition from some lawmakers and anti-gun groups (see 1904230049), gun industry officials said it removed unnecessary regulations from the State Department’s jurisdiction (see 2001170030). The agency’s Directorate of Defense Trade Controls last year said the transfer will allow it to focus resources in other areas and conduct more end-use monitoring checks on more advanced and dangerous weapons exports (see 2006160040).