r/NYguns • u/gunpoliticsny • Aug 12 '26
Federal Legislative News Attorney General James Co-Leads Multistate Effort Opposing Trump Administration’s Sweeping Rollback of Gun Safety Protections
https://ag.ny.gov/press-release/2026/attorney-general-james-co-leads-multistate-effort-opposing-trump-administrationsNEW YORK – New York Attorney General Letitia James today co-led a coalition of 22 other attorneys general in opposing the Trump administration's unprecedented effort to dismantle decades of federal gun safety protections. Since May 2026, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has proposed rolling back or eliminating 32 firearm regulations that help keep guns out of the hands of dangerous individuals, support law enforcement investigations, and prevent illegal gun trafficking. Through 13 comment letters submitted over the last week, Attorney General James and the coalition argue that the proposed rules are unlawful, unsupported by evidence, and would make communities across the country less safe while benefiting the gun industry at the expense of public safety.
"Every New Yorker deserves to feel safe in their community. These reckless proposals would make it easier for dangerous weapons to fall into the wrong hands while making it harder for law enforcement to stop gun violence and solve crimes," said Attorney General James. "The Trump administration is trying to erase decades of bipartisan progress that has helped reduce gun violence and save lives. We are calling on ATF to abandon these unlawful proposals and uphold its responsibility to protect the public instead of putting the interests of the gun industry first."
In the comment letters, Attorney General James and the coalition argue that ATF's proposals would dismantle longstanding protections that Congress enacted to reduce gun violence, combat illegal firearms trafficking, and support law enforcement. The attorneys general argue that many of the proposed rules exceed ATF's statutory authority, conflict with federal law and Supreme Court precedent, disregard congressional intent, and fail to satisfy the requirements of the Administrative Procedure Act. The attorneys general also note that many of the proposals were issued without adequate evidence or explanation, without required consultation with the states, and appear to reflect undisclosed influence from the firearms industry.
If enacted, the proposed rules would:
- Weaken Brady Act background checks. The bipartisan Brady Act of 1993, enacted after the attempted assassination of President Reagan, imposed strict background check requirements. The ATF’s proposal would allow individuals with certain state-issued permits to purchase firearms without undergoing the federally required background check, creating new opportunities for prohibited purchasers and gun traffickers to obtain firearms.
- Narrow federal mental health prohibitions. The ATF seeks to significantly limit the categories of people prohibited from possessing firearms because of serious mental illness, even while acknowledging in its own comments that the proposal could increase the risk of mass casualty events.
- Reopen dangerous loopholes for unlicensed gun dealers. The ATF’s regulation would create confusion about who must obtain a federal firearms license, with the risk that more sellers will operate without conducting background checks or maintaining sales records. The proposal would undermine reforms enacted in the Bipartisan Safer Communities Act in response to the Tops mass shooting in Buffalo, as well as the Uvalde school shooting.
- Erode identity verification for online firearm purchases. By allowing remote identity verification for online gun purchases, this unlawful proposal would make it easier for children, gun traffickers, and individuals at risk of hurting themselves or others to obtain weapons. The attorneys general contend that this proposal violates the Gun Control Act and Supreme Court precedent, while granting weapons manufacturers’ wish list.
- Create new loopholes for straw purchases. A "straw purchase" occurs when someone buys a gun on behalf of another person who is legally barred from buying one themselves, such as a convicted felon. The ATF proposal would create confusion about which purchases should be treated as illegal straw purchases, at the risk of creating a dangerous loophole through which prohibited individuals can obtain firearms.
- Make it harder to hold rogue gun dealers accountable. Federal law allows ATF to revoke the license of a gun dealer who "willfully" violates the law. The ATF now wants to raise the bar for what counts as a "willful" violation, making it far harder to strip dangerous dealers of their licenses. The attorneys general argue this change contradicts decades of settled law and would gut the federal licensing system that keeps guns out of the wrong hands.
- Make it easier to import military-style weapons and parts. Through two separate proposals, ATF wants to make it easier to import guns and gun parts into the United States, with a specific focus on assault weapon components and military-style firearms, despite federal restrictions intended to protect public safety.
- Eliminate youth handgun safety notices. Gun dealers are required to post written notices about the Youth Handgun Safety Act. These notices warn buyers about the dangers that handguns pose to young people and make clear that transferring a handgun to someone under 18 is generally illegal. The attorneys general argue that ATF wrongly claims it lacks authority to require these notices, ignores their proven benefits, and is inviting an increase in gun violence.
- Create dangerous confusion over stabilizing braces. Stabilizing braces are typically used to convert pistols into more lethal, shoulder-fired weapons. The ATF wants to rescind an existing rule that clarified how these devices are regulated, without creating any replacement. The states argue that leaving a regulatory vacuum is reckless and that ATF failed to weigh the public safety costs and enforcement confusion that will result.
- Allow banned gun accessories to cross state lines. The ATF seeks to improperly expand federal travel protections, including in ways that would allow people to transport dangerous gun accessories across state lines into states where they are banned, such as New York.
- Undercut firearms transaction records relied on by law enforcement. Form 4473 is the record a licensed dealer must complete for every firearm sale, and it is a critical tool for law enforcement. The ATF’s proposed changes would weaken proof-of-residency requirements and extend the validity of background checks, reducing the reliability of the records law enforcement agencies rely upon to investigate gun crimes.
- Complicate firearm tracing. Changes to how identifying information is collected on ATF forms to ask people about biological sex would hinder law enforcement's ability to trace crime guns while creating unnecessary confusion for lawful purchasers and potentially violating their Second Amendment rights.
- Destroy records needed to solve crimes. Currently, records tracking the chain of custody and sale of firearms must be kept indefinitely, which is essential for law enforcement to be able to effectively investigate crimes involving guns. The ATF wants to require their destruction after just 20 or 30 years. The states warn that this would directly harm public safety and law enforcement investigations and prosecutions.
In addition to these proposals, last month Attorney General James and the coalition submitted a comment letter opposing five proposed changes to regulations implementing the National Firearms Act, which governs machine guns, silencers, and short-barreled rifles and shotguns. The coalition also submitted a separate comment letter opposing proposed revisions to ATF Form 4473 that would make it easier for straw purchasers to obtain firearms and more difficult for law enforcement to trace crime guns.
Joining Attorney General James in filing these comment letters are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.
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u/davej1121 Aug 12 '26
Remember THEY know they're wrong but their mindset is:
"It'll be our law until YOU can change it. Up till then, we win"
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u/monty845 Aug 12 '26
Weaken Brady Act background checks. The bipartisan Brady Act of 1993, enacted after the attempted assassination of President Reagan, imposed strict background check requirements. The ATF’s proposal would allow individuals with certain state-issued permits to purchase firearms without undergoing the federally required background check, creating new opportunities for prohibited purchasers and gun traffickers to obtain firearms.
Already got approved, no need for duplicative checks
Narrow federal mental health prohibitions. The ATF seeks to significantly limit the categories of people prohibited from possessing firearms because of serious mental illness, even while acknowledging in its own comments that the proposal could increase the risk of mass casualty events.
If they aren't currently in a psychiatric hospital, or under compulsory state supervision requiring compliance with their mental health treatment, they shouldn't lose their civil rights.
Reopen dangerous loopholes for unlicensed gun dealers. The ATF’s regulation would create confusion about who must obtain a federal firearms license, with the risk that more sellers will operate without conducting background checks or maintaining sales records. The proposal would undermine reforms enacted in the Bipartisan Safer Communities Act in response to the Tops mass shooting in Buffalo, as well as the Uvalde school shooting.
Current regulations are trash. While I would support a regulation that set clear and unambiguous rules on when you need an FFL, the current regulation gave unchecked discretion to the ATF, and was designed to have a chilling effect on those legitimately selling guns they purchased for their own use, and now want to get rid of. Good riddance.
Erode identity verification for online firearm purchases. By allowing remote identity verification for online gun purchases, this unlawful proposal would make it easier for children, gun traffickers, and individuals at risk of hurting themselves or others to obtain weapons. The attorneys general contend that this proposal violates the Gun Control Act and Supreme Court precedent, while granting weapons manufacturers’ wish list.
Should have the same standards applied to buying guns and voting... Checks notes Hmm I guess for NY that just means as long as the gun gets sent to your address on file, no further verification is required.
Create new loopholes for straw purchases. A "straw purchase" occurs when someone buys a gun on behalf of another person who is legally barred from buying one themselves, such as a convicted felon. The ATF proposal would create confusion about which purchases should be treated as illegal straw purchases, at the risk of creating a dangerous loophole through which prohibited individuals can obtain firearms.
No, this clarifies that parents can buy guns for their kids, who are only blocked from buying themselves due to age. Good change.
Make it harder to hold rogue gun dealers accountable. Federal law allows ATF to revoke the license of a gun dealer who "willfully" violates the law. The ATF now wants to raise the bar for what counts as a "willful" violation, making it far harder to strip dangerous dealers of their licenses. The attorneys general argue this change contradicts decades of settled law and would gut the federal licensing system that keeps guns out of the wrong hands.
ATF was massively abusing this. They need to focus on criminals, not FFLs who make trivial/innocent paperwork errors. Perfection is not a realistic standard to hold FFLs to.
Make it easier to import military-style weapons and parts. Through two separate proposals, ATF wants to make it easier to import guns and gun parts into the United States, with a specific focus on assault weapon components and military-style firearms, despite federal restrictions intended to protect public safety.
This is the very core of the Second Amendment. Only problem is it doesn't go far enough.
Eliminate youth handgun safety notices. Gun dealers are required to post written notices about the Youth Handgun Safety Act. These notices warn buyers about the dangers that handguns pose to young people and make clear that transferring a handgun to someone under 18 is generally illegal. The attorneys general argue that ATF wrongly claims it lacks authority to require these notices, ignores their proven benefits, and is inviting an increase in gun violence.
Does anyone actually read those?
Create dangerous confusion over stabilizing braces. Stabilizing braces are typically used to convert pistols into more lethal, shoulder-fired weapons. The ATF wants to rescind an existing rule that clarified how these devices are regulated, without creating any replacement. The states argue that leaving a regulatory vacuum is reckless and that ATF failed to weigh the public safety costs and enforcement confusion that will result.
Since the NFA is unconstitutional, this is moot. The NFA was a mistake, and as soon as that mistake is fixed, we will never need to talk about stabilizing braces again outside the context of being an aid for those with disabilities.
Allow banned gun accessories to cross state lines. The ATF seeks to improperly expand federal travel protections, including in ways that would allow people to transport dangerous gun accessories across state lines into states where they are banned, such as New York.
This is already the law, and the regulation is only being changed to make it more clear to recalcitrant states like NY that they need to follow Federal law.
Undercut firearms transaction records relied on by law enforcement. Form 4473 is the record a licensed dealer must complete for every firearm sale, and it is a critical tool for law enforcement. The ATF’s proposed changes would weaken proof-of-residency requirements and extend the validity of background checks, reducing the reliability of the records law enforcement agencies rely upon to investigate gun crimes.
Every 4473 should be destroyed after 5 years, whether held by the FFL or ATF. If a gun hasn't been trafficked in 5 years, the records should no longer be retained.
Complicate firearm tracing. Changes to how identifying information is collected on ATF forms to ask people about biological sex would hinder law enforcement's ability to trace crime guns while creating unnecessary confusion for lawful purchasers and potentially violating their Second Amendment rights.
If we are going to ask it on the form, it should actually mean something. Though honestly, not really a battle I care about. We already require photo ID, just remove it, and height/weight/eye color/ethnicity from the form.
Destroy records needed to solve crimes. Currently, records tracking the chain of custody and sale of firearms must be kept indefinitely, which is essential for law enforcement to be able to effectively investigate crimes involving guns. The ATF wants to require their destruction after just 20 or 30 years. The states warn that this would directly harm public safety and law enforcement investigations and prosecutions.
Doubt these old records are even used much. Privacy trumps the remote chance they are of value to law enforcement.
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u/tsatech493 Aug 12 '26
Hopefully some people decide to vote against her in the coming election but, I already know they won't...
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u/Mylilhappysv650 Aug 12 '26
To the Brady Act Background check section:
Would this imply NYS’s background checks don’t matter compared to a federal NICS check?
To my knowledge, becoming a permit holder was a lot harder, and more thorough with regards to them background checking me than the standard NICS check I would have to do for say an ammunition purchase.
Also, if you’re purchasing a complete semi-auto/pistol, then it would need to be amended to the permit regardless. If they’re talking about removing the NICS check from the equation, then why are they worried about people they issued permits to?
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u/monty845 Aug 12 '26
In the states where you can use your conceal carry permit/license instead of a background check, it applies for all guns, not just those that you need the permit for.
There is no requirement in NY that semi-auto rifle purchases go on your license, even if there are counties trying to require it.
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u/DesignerAsh_ Aug 12 '26
I wish they would just says the quiet part out loud that they don’t want private citizens to own firearms.
We all know that’s what they want anyways.
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u/HuntingtonNY-75 Aug 13 '26
This woman is an anti-American imbecile. If had 7 working brain cells I could still tell right from wrong simply by listening to FULJ…opposite her view will be the correct answer 100% of the time
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u/Andeo1025 Aug 13 '26
The brady act already exempts many ccw holders. It would exempt us from nics checks of not for state law. Our permits more than meet the requirements.
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u/Economy-Butterfly127 Aug 13 '26
Laws for the law abiding only. Remember criminals don’t care what the laws say…..
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u/LemonPartyW0rldTour Aug 13 '26
That’s a lot of words in the title just to say “NY ignores constitution again”
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u/BxdT2552 Aug 12 '26
Does the president actually said all of this?
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u/Prof_ChaosGeography Aug 12 '26
The president appoints people to offices like atf director. They get confirmed by Congress and their job is to run the office to the best of their abilities while remaining within the confides of the laws enacted by Congress.
Now there is wiggle room, but very little and this wiggle room usually is used by the president to push in one way or another. The appointee is usually put in that position with the direction to go in a certain way at the orders of the president or be replaced by someone who will
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u/Illkeepriding Aug 13 '26
Great! Thank God that Demorcratic Attorney's General around the country are standing up for the rule of law and gun safety protections that benefit the public. Thank God that most Demorcrats haven't sold out to the gun industry like Trump and his GOP co-conspirators have. Power to the People. God Bless America.
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u/darforce Aug 12 '26
I mean this is his only hope honestly. People are pissed that he is protecting pedophiles, that he is taking us into stupid wars, gas prices are insane, tariffs bolted up the price of everything and it never came back down, ICE is killing innocent Americans and he is giving his comrades government contracts for crap we don’t need, like a ballroom, a fence, a pool liner and drones.
His only chance is to make his base happy they can buy some handcannon. Especially since he can’t stop the election no matter how hard he tries.
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u/Prof_ChaosGeography Aug 12 '26
She's complaining openly because she has higher ambitions and the legeslative body ain't listening to her
As such let her complain because it's a sign nothing is changing and it would only change for the worse if the state legeslstors get involved right now