A handful of Senate Democrats from gun-friendly states will likely decide whether David Chipman gets confirmed as director of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Chipman, a 20-year ATF employee who after his retirement worked with gun control groups, has drawn the ire of many Republican senators. And Chipman is proving to be one of the more contentious nominees put forward by President Joe Biden.
Two weeks after an evenly-divided Senate Judiciary Committee deadlocked along party lines on advancing Chipman’s nomination to the full Senate, Majority Leader Chuck Schumer has given no indication he would move Chipman’s nomination to the floor for a vote.
The 50-50 Senate division calls for Vice President Kamala Harris to cast tiebreaking votes along party lines, but five Democrats have yet to announce whether they will support Chipman’s nomination.
If confirmed, Chipman would be charged with enforcing current federal gun laws in a position that has been held by acting directors for the past 15 years. Republicans argue Chipman is too wedded to his gun-control activism for the post, while Democrats say his longtime experience in law enforcement and understanding of firearms makes him a perfect fit for the job.
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But the five Democrats make Chimpan’s chances for confirmation dicey. They represent states favorable to guns to varying degrees. And all are up for reelection in the 2022 or 2024 cycles.
Sen. Jon Tester of Montana is one of those lawmakers. He comes from a state where law-abiding citizens, since February, can carry a concealed firearm without written authorization from the government, also known as “constitutional carry.” In 2019, the state was ranked number nine in the nation in terms of its dependency on the gun industry.
Tester, who is up for reelection in 2024, won his previous race against his NRA-supported Republican opponent, Matt Rosendale, by just over 4%. Tester, however, affirmed that he stood behind Second Amendment rights during his campaign.
Tester’s spokesman told the Washington Examiner, “As a proud gun owner, Senator Tester believes ATF needs a strong leader to support the agency’s law enforcement mission. Senator Tester will continue to review David Chipman’s record and testimony to ensure he would support our brave law enforcement officers and respect Montanans’ Second Amendment rights.”
Sen. Joe Manchin of West Virginia told the Washington Examiner he is “undecided” and that he is talking with Chipman about his nomination. Like Montana, West Virginia allows for constitutional carry. The state also allows for open carry of firearms without a license. Manchin’s state just enacted legislation that makes small arms and ammunition tax-free.
The West Virginia lawmaker, who narrowly won his reelection in 2018 against Republican state Attorney General Patrick Morrissey, was the co-author of the failed 2013 gun-control amendment he worked on with Pennsylvania Republican Sen. Pat Toomey.
Sen. Kyrsten Sinema of Arizona represents a state that enacted a “Second Amendment sanctuary” law, intended to prevent state and local police from enforcing federal gun control laws deemed unconstitutional. Arizona joined over ten states, including Montana and West Virginia, which put in place similar laws this year.
Arizona allows for constitutional, concealed, and open carry. The state was ranked No. 1 by Guns and Ammo as the “Best States for Gun Owners” in 2020.
Sinema won her 2018 election against Republican incumbent Sen. Martha McSally by over 2%. Sinema’s fellow Arizona Democratic senator, Mark Kelly, who is up for reelection this cycle, however, is supporting Chipman’s nomination, as he comes from a similar gun control activism background as Chipman.
This is a result of Kelly’s wife’s, former Arizona Rep. Gabrielle Giffords, who retired after surviving a shooting assassination attempt in 2011. Both became active in gun control circles thereafter.
Sen. Maggie Hassan of New Hampshire also comes from a state that allows for constitutional carry. The Democratic lawmaker, first elected to the upper chamber in 2016, defeated Republican incumbent Sen. Kelly Ayotte by one-tenth of a point and may be challenged this cycle by her state’s popular Republican Gov. Chris Sununu, who vetoed three gun control measures in the statehouse two years ago.
Not every lawmaker who has remained quiet about their stance on Chipman presently faces uncertain reelection odds. Sen. Angus King of Maine is one of two independent lawmakers, the other being Sen. Bernie Sanders of Vermont, who caucuses with the Democrats in the Senate.
He won his previous reelection in 2018 by an overwhelming double-digit margin. But King’s positions on firearm ownership represent his state’s gun-friendly culture, which includes opposing a ban on semi-automatic long rifles, often referred to as “assault weapons.”
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This could pose a problem for Chipman, who previously lobbied to reinstate the ban. King’s fellow Maine lawmaker, Republican Sen. Susan Collins, who is open to supporting Biden nominees, announced her opposition to Chipman two weeks ago.
Sen. Lisa Murkowski, an Alaska Republican, however, has not revealed her position on Chipman, despite coming from an overwhelmingly gun-friendly state. Murkowski is in a complicated reelection battle this midterm cycle due to a new “top four” primary system, which likely will require her to win over independents and Democrats.
