DOJ Walks Away From ATF "Engaged in the Business" Fight
The Department of Justice dropped its appeal of a federal court ruling that killed the ATF's "Engaged in the Business" regulation. That rule attempted to force private gun sellers into obtaining Federal Firearms Licenses by expanding the legal definition of who qualifies as a dealer. The DOJ's decision to surrender the appeal makes the lower court's striking-down permanent and closes the door on this particular regulatory assault against private sales.
Key Details
- The ATF's rule sought to criminalize private sales by redefining what constitutes "engaged in the business" of selling firearms
- A federal court previously ruled the regulation exceeded the ATF's statutory authority
- The DOJ's abandonment of appeal means no further legal challenge will proceed
- The ruling protects individuals selling personal collections or occasional firearms from FFL requirements and NICS background checks
Why It Matters for Gun Owners
This win stops the administration from using regulatory sleight-of-hand to impose universal background checks without Congressional action. Private sales between individuals remain legal without federal licensing in most states. Gun owners who sell inherited firearms, collections, or personal weapons won't face criminal liability under this dead rule. The decision reinforces that the ATF cannot rewrite federal law through administrative rule-making. For serious shooters and collectors, this protects your ability to transfer guns to family, friends, or at local sales without government documentation and tracking.
DownRange Analysis
This is clean victory on 2A administrative law. The DOJ caved because the lower court got it right—the statute says "engaged in the business," and the ATF tried to stretch that phrase into something Congress never wrote. Bruen reinforced that courts must follow text, history, and tradition. The Biden administration's regulatory apparatus cannot manufacture gun control through bureaucratic creativity. Gun owners should pocket this win and stay alert. The ATF will try different angles. Watch for rules targeting "ghost guns," ammunition, or 80% lowers. Vigilance beats complacency every time.
