He can hold both roles. It’s not breaking any laws that I can find and it’s acting.
In terms of what he could do with that role:
Specific Actions Patel Could Take
- Rollback Biden-Era Rules: Patel could initiate rulemaking to rescind or modify the “Engaged in the Business” Rule, Pistol Brace Rule, “Ghost Gun” Rule, and Zero Tolerance Policy, aligning with Trump’s executive order and Republican demands.
- Reclassify Firearms/Accessories: He could revise ATF classifications (e.g., reclassifying pistol braces as non-NFA items) to reduce regulatory burdens, as courts have done in cases like Franklin Armory.
- Destroy Old Records: He could comply with Republican senators’ requests () to destroy outdated ATF Form 4473 records, reducing data collection on gun owners.
- Shift Enforcement Priorities: Patel could redirect ATF resources away from regulating law-abiding gun owners (e.g., FFL inspections for minor errors) toward combating illegal firearms trafficking or transnational crime, as Bondi instructed.
- Abolish the ATF (Hypothetical): Some X posts suggest abolishing the ATF entirely. However, this would require congressional action to repeal the agency’s authorizing statutes (GCA, NFA), which is beyond Patel’s authority as Director.