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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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North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

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

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

Tuesday, December 2, 2025

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

On November 25th, Howell, in Monmouth County, became the 12th municipality in New Jersey to refund all or substantially all the fees required to obtain a permit to carry. The list now includes towns in ...

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

Tuesday, December 2, 2025

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

Thursday, December 4, 2025

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

On Thursday, December 4, the Senate Law & Public Safety Committee advanced legislation that could potentially weaponize local zoning laws against outdoor shooting ranges. According to the bill statement, “This bill requires a municipality in which ...

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

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Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

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Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Wednesday, December 3, 2025

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Yesterday, the House Judiciary Committee voted 13-7 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. The bill now heads to the full House, where it is ...

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Monday, December 1, 2025

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Tomorrow, December 2nd, at 8:30 AM, the Florida House Judiciary Committee will hear pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. Use the Take Action link below to contact the ...

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

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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.