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Export Reform Rules Take Effect After Anti-Gun States (Mostly) Strike Out in Court

Monday, March 16, 2020

Export Reform Rules Take Effect After Anti-Gun States (Mostly) Strike Out in Court

On March 9, President Trumps historic Export Reform initiative officially got underway, as companion rules published by the U.S. Departments of State and Commerce took effect. These rules are aimed at modernizing Americas regime for exports of non-military firearms and ammunition and will promote both U.S. businesses and national security. An effort to block implementation of the rules by the attorneys general of 20 states and the District of Columbia largely failed, with the judge suspending only a narrow portion of the State Department rule that pertains to so-called 3-D printed firearms.”

Under the new rules, exports of non-military firearms (including most semi-automatic firearms) and their ammunition, parts, and accessories have moved from the jurisdiction of the U.S. State Department to the U.S. Commerce Department. The Commerce Department has for many years regulated the exports of non-military shotguns and shotgun shells.

The main benefits of this change are twofold. First, it will free up the State Departments oversight resources to tighten security around Americas most consequential and game-changing military technology. Meanwhile, the same sorts of firearms that can easily be obtained at big box retailers in the U.S. will be subject to a more business-friendly export climate that will allow U.S. manufacturers to compete on fairer footing in overseas markets.

These moves will ensure that foreign customers will have better access to Americas best-in-class products and that the whole international community will benefit from the professionalism and integrity of Americas export licensing and end-use verification protocols.

Simply put, there is no better safeguard against the diversion of firearms and ammunition into unlawful foreign markets than for the U.S. government to be overseeing the sales and transfers of small arms. This is only possible, however, if U.S. companies can realistically compete for foreign business. That was difficult when every commercial export of a firearm had to go through the same State Department vetting as the transfer to a foreign country of such sophisticated military technology as nuclear submarines or surface-to-air missiles. This was the case under the former regime.

To say the Commerce Department takes a more business-friendly approach to regulation, however, does not mean firearm exports will now be de-controlled or unregulated. Licensing – subject to inter-agency consultation on any risks posed by the potential customer – will still be required. All exports of firearms and ammunition will also have to comply with the laws of the destination country.

But instead of perhaps China or Russia selling firearms to a police department overseas with whatever haphazard scrutiny that might entail, it will now be more likely that a U.S. company can successfully compete for the same business.

Another benefit of Export Reform is that it will free non-exporting small businesses from the red tape and high fees of the State Department regulations. Every business that manufactures an item on the State Departments U.S. Munitions List” (USML) is subject to an annual registration requirement, which includes a $2,250 registration fee. This requirement applies even to businesses that dont export products and formerly included many gunsmiths whose only manufacturing” was upgrading existing firearms. Commercial firearms and ammunition manufacturers, as well as gunsmiths, already must register with the ATF, however, which made this requirement not only burdensome and expensive but largely duplicative.

Despite (or perhaps because of) the obvious benefits of the rule change, anti-gun attorneys general in various states and the District of Columbia had sued in federal court in Washington State to block the rules from going into effect. They claimed the process by which the rules were formulated was procedurally defective because the proposed rules did not contain specific discussions of how the regulatory changes would affect access to so-called 3-D printed firearms. This, they insisted, meant that the public could not adequately comment on this aspect of the rules and that the rules were arbitrary and capricious” and contrary to the underlying statutes.

In fact, the proposed rules were clear enough on how 3-D printing would be implicated to generate dozens, if not hundreds, of comments on that specific issue, including from those highly critical of how it would be handled.

And in response to those criticisms, the Commerce Department added a provision to its final rule to ensure that the online publication of code that could be used by a 3-D printer to produce a firearm or firearm frame or receiver would continue to be treated as a regulated transaction. This change essentially preserved the status quo of how the State Department regulates 3-D printing technology for firearms.

Nevertheless, the judge in the case employed some strenuous legal contortions to focus his consideration on the State Departments removal of certain 3-D printing technology from the U.S. Munitions list and not on the effect of the remedial provisions within the Commerce rule.

The upshot of this was that the court dismissed the Commerce Departments fix for the 3-D printing issue in a footnote and found that the State Departments removal of 3-D printing technology for the affected firearms from the USML likely violated the Administrative Procedures Act.

Fortunately (and perhaps in tacit recognition of the decisions questionable foundations), the court blocked the rules only as they applied to removal from the USML of technical data and software directly related to the production of firearms or firearm parts using a 3D-printer or similar equipment.” This change, however, does not diminish the considerable good that the rules otherwise accomplish.

The NRA is grateful to President Trump for his leadership in this effort and is pleased to see a strongly pro-gun project that was years in the making finally come to fruition. 

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Monday, December 22, 2025

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Dr. John Lott’s Crime Prevention Research Center (CPRC) has released its latest annual report on the state of concealed carry in the United States. 

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

Tuesday, December 16, 2025

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

With the holiday season upon us, former VP candidate Governor Tim Walz has once again proven his "Bah Humbug" stance on the Second Amendment. 

DOJ (Again) Goes to Court to Defend 2A

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Monday, December 22, 2025

DOJ (Again) Goes to Court to Defend 2A

We recently reported that the Department of Justice (DOJ) announced it had created a new section under its Civil Rights Division—the first ever dedicated to protecting the constitutional right to keep and bear arms.  

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

Thursday, December 18, 2025

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

In the NRA’s case, Brown v. ATF, the Department of Justice filed its opposition to the plaintiffs’ motion for summary judgment, along with its own cross-motion, defending the National Firearms Act of 1934’s registration requirement for suppressors, short-barreled ...

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

Monday, December 15, 2025

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

The U.S. Supreme Court denied certiorari in Rush v. United States, a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles.

Evidence of Firearm Industry “Debanking” Uncovered as Trump Administration Takes Aim at Discriminatory Practices

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Monday, December 22, 2025

Evidence of Firearm Industry “Debanking” Uncovered as Trump Administration Takes Aim at Discriminatory Practices

President Donald Trump issued an Executive Order earlier this year on “politicized or unlawful debanking” and so-called “reputational risk” assessments that financial institutions used in denying services because of a customer’s political or religious beliefs ...

Gun Control Advocate to Lead Duke Center for Firearms Law

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Monday, December 22, 2025

Gun Control Advocate to Lead Duke Center for Firearms Law

“Developing Firearms Law as a Scholarly Field” is a worthy endeavor and exactly what the Duke Center for Firearms Law proclaims on their website as the Center’s mission. 

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Monday, December 22, 2025

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Anti-gun legislators in Richmond have already begun filing legislation ahead of the upcoming Virginia General Assembly session. 

New Jersey: Senate Vote on Gun Bills Scheduled for Next Week

Friday, December 19, 2025

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.