Congress Request ATF Director Steve Dettlebach Testify
Congress Request ATF Director Steve Dettlebach Testify
The Committee on the Judiciary continues to conduct oversight of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF). We have written the ATF with several requests for
information and documents regarding the agency’s efforts to regulate firearms through the
rulemaking process. We have additional questions, for which we write to request testimony from
relevant ATF employees.
The ATF’s lack of transparency comes after the agency issued a final rule banning
stabilizing pistol braces,1 and as the agency continues to shut down lawful businesses through the
“zero-tolerance” policy for federal firearms dealers (FFLs).2 Just last year, the United States
Supreme Court held in West Virginia v. Environmental Protection Agency that under the major
questions doctrine, “given both separation of powers principles and a practical understanding of
legislative intent, the agency must point to ‘clear congressional authorization’ for the authority it
claims.”3 This ruling raises serious doubts about ATF’s ability to regulate pistol braces absent a
clear mandate from Congress.
To advance the Committee’s oversight, we would invite you to testify during a hearing of
the Committee on Wednesday, April 26, 2023, at 10:00 a.m. This hearing will be an opportunity
for the Committee to hear directly from you, as the head of the agency, about the decisions that
led the ATF to implement these controversial policies. In addition, this hearing will allow
Members to learn more about the reversal of years of previous ATF opinions in regulating
firearms with stabilizing braces.
1
Factoring Criteria for Firearms With Attached “Stabilizing Braces,” 88 FR 6478, (Jan. 31, 2023).
2
Houston Keene, Internal ATF docs show ‘zero tolerance’ guidelines for shutting down gun stores, FOX NEWS (Feb.
10, 2023).
3
West Virginia v. EPA, 597 U.S. ___ (2022), citing Utility Air Regulatory Group v. EPA, 573 U. S. 324 (2014).
The Honorable Steven Dettelbach
March 6, 2023
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Please direct your staff to confirm your appearance before the Committee and begin to schedule
these interviews as soon as possible, but no later than 5:00 p.m. on March 13, 2023.
Sincerely,
4
Rules of the U.S. House of Representatives, R. X (2023).