Blumenthal & Murphy Join Letter to Attorney General Bondi on Appointment of Kash Patel as ATF Acting Director

[HARTFORD, CT] – U.S. Senator Richard Blumenthal (D-CT), a member of the U.S. Senate Judiciary Committee, and U.S. Senator Chris Murphy (D-CT) today joined 14 of their Senate Democratic colleagues in a letter to U.S. Attorney General (AG) Pam Bondi inquiring into what policies and procedures she will commit to implementing in her capacity as AG to ensure that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will continue to meaningfully function in its intended capacity under Kash Patel’s stewardship.

In February, President Trump announced that Federal Bureau of Investigation (FBI) Director Kash Patel would also serve as Acting Director of ATF, the primary federal law enforcement agency responsible for addressing gun-related crime and violence in America. However, the Senators’ letter to AG Bondi argues that Mr. Patel threatens to undo the significant gains made in recent years to ensure Americans’ safety as he lacks the relevant experience to lead ATF and has ties to the gun industry.

“As the primary federal law enforcement agency dedicated to curbing illegal firearm use and enforcing federal firearms laws and regulations, it is critical that ATF be led by an experienced Director who has been confirmed by the Senate for this role and is dedicated to upholding the agency’s mission. For the reasons outlined below, Mr. Patel is not that person,” the senators wrote. “We therefore write to inquire into what policies and procedures you will implement to ensure that ATF will continue to meaningfully function in its intended capacity.”

Gun violence in the United States is a public health crisis. In 2024, the U.S. Surgeon General issued an advisory listing firearm violence—including homicide, suicide, nonfatal injuries, and unintentional injuries and deaths—as a “significant public health challenge[] that require[s] the nation’s immediate awareness and action.” Though under the Trump Administration, the Surgeon General has since removed the advisory, the report analyzed data from 2002 to 2022, finding that since 2020 the leading cause of death for children and adolescents in America has been gun violence, with rates higher than car crashes, poisoning, and cancer. In 2022 alone, 48,204 people died in the United States of gun-related injuries.

That said, following passage of the historic Bipartisan Safer Communities Act and coordinated, nationwide efforts to curb gun violence during the Biden Administration, the United States is starting to see positive results. In 2023, provisional data indicates gun-related deaths totaled 46,728—representing a decline from 2022 by three percent or 1,476 fewer deaths. Violent crime has also declined significantly, due in part to ATF’s data collection, investigation, and enforcement efforts.

“While the decrease in violent crime and gun-related deaths is encouraging, 2023 still had ‘the third-highest number of gun-related deaths ever recorded in the United States,’ evidencing that significant challenges to America’s gun violence crisis remain,” the senators wrote. “The Department of Justice must do everything within its power to sustain this downward trend, including ensuring ATF is empowered to carry out its mandate and keep firearms from falling into the hands of those who should not have them. Now is not the time to pull back on ATF leadership and practices that helped bring about this progress.”

The senators’ letter went on to explain why Mr. Patel is not the right person to lead ATF.

“As an Acting Director, Patel’s appointment has not been subject to Senate confirmation, a crucial process for vetting those nominated by the President for significant leadership roles in the Executive, including ATF Director. Disturbingly, Mr. Patel would not affirm that firearm background checks—a well-established procedure for keeping guns out of the hands of dangerous individuals—are constitutional during his confirmation hearing for FBI Director. Notably, Mr. Patel’s appointment has been applauded by extreme gun advocacy groups seeking to rollback commonsense gun regulations,” the senators wrote. “Mr. Patel’s appointment threatens to undo the lifesaving progress ATF has made to reduce gun violence in America.”

The senators’ letter concludes, “Attorney General Bondi, you have served as a prosecutor for much of your career. During your Senate confirmation hearing, you testified about the importance of keeping Americans safe, prosecuting criminals and gunrunners, reducing recidivism, and enforcing existing gun laws. During one exchange, you assured the Committee: ‘I will do everything in my power to prevent illegal gunrunners in our country.’ In discussing your time as Florida Attorney General and mass shooting responses, you reiterated: ‘I am an advocate for the Second Amendment, but I will enforce the laws of the land.’”

To better understand how AG Bondi intends to accomplish these goals, the senators asked that she promptly respond to a series of questions.

The letter was led by U.S. Senate Democratic Whip Dick Durbin (D-IL) and also signed by U.S. Senators Tammy Duckworth (D-IL), Kirsten Gillibrand (D-NY), Mazie Hirono (D-HI), Mark Kelly (D-AZ), Amy Klobuchar (D-MN), Brian Schatz (D-HI), Adam Schiff (D-CA), Chuck Schumer (D-NY), Jeanne Shaheen (D-NH), Chris Van Hollen (D-MD), Reverend Raphael Warnock (D-GA), Elizabeth Warren (D-MA), and Ron Wyden (D-OR).

Full text of today’s letter is available here and below:

Dear Attorney General Bondi:

We write with great concern regarding President Trump’s appointment of Federal Bureau of Investigation (FBI) Director Kash Patel as Acting Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  As the primary federal law enforcement agency dedicated to curbing illegal firearm use and enforcing federal firearms laws and regulations, it is critical that ATF be led by an experienced Director who has been confirmed by the Senate for this role and is dedicated to upholding the agency’s mission. For the reasons outlined below, Mr. Patel is not that person. We therefore write to inquire into what policies and procedures you will implement to ensure that ATF will continue to meaningfully function in its intended capacity.

Gun violence in the United States is a public health crisis. In 2024, the U.S. Surgeon General issued an advisory listing firearm violence—including homicide, suicide, nonfatal injuries, and unintentional injuries and deaths—as a “significant public health challenge[] that require[s] the nation’s immediate awareness and action.”  Analyzing data from 2002 to 2022, the Surgeon General reported that since 2020 the leading cause of death for children and adolescents in America has been gun violence, with rates higher than car crashes, poisoning, and cancer.  In 2022 alone, 48,204 people died in the United States of gun-related injuries.

That said, following passage of the historic Bipartisan Safer Communities Act and coordinated, nationwide efforts to curb gun violence during the Biden Administration, we were starting to see positive results. In 2023, provisional data indicates gun-related deaths totaled 46,728—representing a decline from 2022 by three percent or 1,476 fewer deaths.  Violent crime has also declined significantly, due in part to ATF’s data collection, investigation, and enforcement efforts.

For example, ATF’s crime gun intelligence tools eTrace, which “is used to trace the purchase and/or use history of firearms used in violent crimes,” and the National Integrated Ballistic Information Network, which “is the only interstate automated ballistic imaging network in operation in the United States,” together “have transformed crime-solving by generating over 1.1 million investigative leads from ballistic evidence and linking suspects to major crimes within hours.”  ATF has also worked to increase DNA matches from cartridge casings and has expanded Crime Gun Intelligence Centers, which use “data-driven strategies” to foster “cross-agency collaboration.”

ATF has also focused on eliminating firearms trafficking networks that unlawfully smuggle guns from the United States to Mexico, arming dangerous cartels which, in turn, send illicit drugs such as fentanyl into the United States.  And ATF created an Emerging Threats Center, which among other things, has focused on the proliferation of privately-made firearms, or ghost guns, and machine-gun conversion devices, or Glock switches.  These represent only some examples of ATF’s nationwide initiatives to reduce gun violence and keep Americans safe.

While the decrease in violent crime and gun-related deaths is encouraging, 2023 still had “the third-highest number of gun-related deaths ever recorded in the United States,” evidencing that significant challenges to America’s gun violence crisis remain.  The Department of Justice must do everything within its power to sustain this downward trend, including ensuring ATF is empowered to carry out its mandate and keep firearms from falling into the hands of those who should not have them. Now is not the time to pull back on ATF leadership and practices that helped bring about this progress.

Mr. Patel is, quite simply, not the right person to lead the ATF. As an Acting Director, Patel’s appointment has not been subject to Senate confirmation, a crucial process for vetting those nominated by the President for significant leadership roles in the Executive, including ATF Director. Disturbingly, Mr. Patel would not affirm that firearm background checks—a well-established procedure for keeping guns out of the hands of dangerous individuals—are constitutional during his confirmation hearing for FBI Director.  Notably, Mr. Patel’s appointment has been applauded by extreme gun advocacy groups seeking to rollback commonsense gun regulations.  Last year, Mr. Patel spoke at the inaugural summit for group Gun Owners of America, a “no-compromise gun lobby” that has announced it “look[s] forward to dismantling gun control with Kash.”  Mr. Patel’s appointment threatens to undo the lifesaving progress ATF has made to reduce gun violence in America.

Attorney General Bondi, you have served as a prosecutor for much of your career. During your Senate confirmation hearing, you testified about the importance of keeping Americans safe, prosecuting criminals and gunrunners, reducing recidivism, and enforcing existing gun laws.  During one exchange, you assured the Committee: “I will do everything in my power to prevent illegal gunrunners in our country.”  In discussing your time as Florida Attorney General and mass shooting responses, you reiterated: “I am an advocate for the Second Amendment, but I will enforce the laws of the land.”  To better understand how you intend to accomplish these goals, please promptly respond to the following questions:

1. Recently, we have seen notable success in curtailing gun violence. While the United States experienced a spike in gun-related crimes and deaths during the pandemic, through bipartisan congressional action and the previous Administration’s efforts, that trend has begun to reverse. Given ATF’s central role in curbing violent crime, it is of paramount importance that the agency be staffed by experienced leaders, agents, and others who support ATF’s core mission, without the appearance of or actual conflict, in order to continue this downward trend. By contrast, firearm-industry personnel advocate for gun companies’ bottom lines by pushing for the repeal of commonsense gun regulations in order to sell more weapons and weapons accessories. Hiring such individuals for critical public-safety positions at ATF would endanger the agency’s core mission and Americans’ safety while prioritizing increases in private company profits.

Will you place constraints on the hiring of firearm-industry personnel for ATF positions? If not, why?

2. ATF must comply with all existing legal obligations. This includes exercising statutorily-required regulatory authority over the firearms industry, fully implementing the Bipartisan Safer Communities Act, and complying with the Administrative Procedures Act if changing existing ATF regulations. However, Acting Director Patel lacks experience with ATF’s core responsibilities, including ATF’s regulatory oversight of the gun industry. Moreover, Acting Director Patel was only temporarily appointed under the Vacancies Reform Act and has not been subject to the Senate’s advice and consent process for this role. It is therefore particularly important that you exercise your authority as Attorney General to give final approval of all actions ATF takes under Acting Director Patel’s stewardship, including all policy changes.

Will you commit to personally reviewing for approval all new or revised ATF policies and actions? If not, why?

Thank you for your attention to this matter.

Sincerely,

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