By Daniel Stefanski |

Arizona’s top two legislative Republicans are standing for the Second Amendment.

Last week, Arizona Senate President Warren Petersen and House Speaker Ben Toma joined a public comment letter to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on its newly proposed rule, Definition of “Engaged in the Business as a Dealer in Firearms.”

Petersen and Toma signed on to a letter, which was led by the States of Kansas, Iowa, and Montana – and co-signed by 22 attorneys general of other states. Those States were Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.

In a statement to AZ Free News, Petersen explained the importance of his signature on this letter, saying, “This is a radical and dangerous proposed rule. You shouldn’t need to be licensed as a firearms dealer to sell a gun to family and friends. In the absence of our Arizona Attorney General defending our citizens’ constitutional rights, I believe it’s imperative state lawmakers push back against this bureaucratic infringement on lawful gun ownership.”

Toma also told AZ Free News, “I am thankful and appreciative for the opportunity to sign on to the letter. Arizona Attorney General Mayes has not expressed any interest in safeguarding Arizonans’ gun rights protected by the Second Amendment. So I felt that it was my duty as the Speaker of the Arizona House of Representatives to speak up for all Arizonans against the Biden Administration’s unconstitutional proposed rule.”

According to the agency, the U.S. Attorney General “signed ATF’s notice of proposed rulemaking, which proposes to amend ATF’s regulations to implement the provisions of the Bipartisan Safer Communities Act (BSCA), enacted on June 25, 2022.” Specifically, the proposed regulation would “incorporate the BSCA’s definition ‘predominantly earn a profit,’ creating a stand-alone definition of ‘terrorism,’ and amending the definitions of ‘principal objective of livelihood and profit’ and ‘engaged in the business’ to ensure each conforms with the BSCA’s statutory changes and can be relied on by the public.”

The Arizona legislators concurred with the arguments that the proposed rule “violates the Second Amendment, is arbitrary and capricious, and is bad public policy.” The signatories wrote in their comment letter that “this overreach is both shocking and unconstitutional. Although longstanding regulations of large commercial enterprises that sell firearms might be consistent with the Second Amendment, that is not what this proposed rule does. This proposed rule seeks to require a license of every individual who sells a firearm for anything the Bureau sees as a profit to include currency, exchange of another firearm, or a service.”

They added, “If the Bureau was serious about combatting violent crime, it would focus on enforcing the laws that are already on the books to hold violent criminals accountable for their actions. That would be the type of work that could save lives. Unfortunately, the Bureau has instead targeted innocent people who sell firearms. That is not only unlawful but wrong and the Bureau must change course.”

On March 14, President Joe Biden issued an Executive Order, directing members of his cabinet – the Attorney General, the Secretary of Health and Human Services, the Secretary of Education, and the Secretary of Homeland Security to “submit a report to the President within 60 days…describing what actions their respective agencies have taken to implement the Act, data, and analysis regarding the use and early effects of the Act, and additional steps their respective agencies will take to maximize the benefits of the Act.” On May 14, President Biden announced “13 actions his cabinet has taken or will take to maximize the benefits of the legislation, including new steps to keep guns out of dangerous hands, ensure BSCA’s mental health funding helps those dealing with the grief and trauma resulting from gun violence, make our schools safer, and expand community violence interventions.”

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.