The Department of Justice (DOJ) has decided to continue defending the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) “engaged in the business” rule, which was established during President Joe Biden’s administration. This rule requires nearly anyone selling a firearm for profit to obtain a federal firearms license (FFL).
The Biden administration sought to implement universal background checks for all gun transfers. Legislative efforts failed in Congress, leading the executive branch to direct the ATF to revise its definition of a gun dealer. The administration cited the Bipartisan Safer Communities Act, which was led by Senators John Cornyn and Chris Murphy, as justification for these changes.
Under the revised rule, individuals who make money from selling firearms must have an FFL. This also applies to those who use spreadsheets or tracking software to manage their firearms, and even those who sell a single gun to cover expenses such as rent. Critics argue that this rule effectively creates a system of universal background checks without congressional approval.
Several organizations, including Gun Owners of America, the Virginia Citizens Defense League, the Tennessee Firearms Association, and the state of Texas, filed a lawsuit in federal court seeking to block the rule’s implementation. A district court judge granted a preliminary injunction for members of these groups. The DOJ then requested a pause in the case to review possible Second Amendment implications.
Despite speculation that the DOJ might withdraw its defense following this pause, it has instead chosen to maintain its original arguments supporting the rule. According to the article: “Instead of being more Second Amendment-friendly, Attorney General Pam Bondi’s department seems to have doubled down on an anti-gun regime’s reasoning. Many gun owners who showed up to vote for President Trump are disappointed in the DOJ’s actions.”
The article further states: “Instead of keeping its promise of defending the Second Amendment rights of the people, the DOJ is operating business as usual, which many see as a weaponization of government against law-abiding Americans’ right to keep and bear arms.”
Requests for comment from both the DOJ and the White House were not returned at the time of publication.
