NSSF Submits Comment on Biden’s New ‘Engaged in the Business’ Rule

2nd Amendment – R2KBA This Week
A photo AG Merrick Garland.
Merrick Garland, Biden’s attorney general.

Estimated reading time: 2 minutes

The National Shooting Sports Foundation (NSSF), the firearms trade association, submitted a 28-page public comment letter against the Biden administration’s proposed “Engaged in the Business” rule.

This rule aims to redefine individuals considered to be “engaged in the business” of selling firearms. It requires nearly any individual selling more than one firearm to obtain a federal firearms license (FFL).

The rule also pushes the U.S. toward universal background checks, which Congress rejected.

Lawrence G. Keane, NSSF’s Senior Vice President and General Counsel, stated, “Respectfully, ATF lacks legal authority to do so.”

“The Proposed Rule exceeds ATF’s limited regulatory authority,” the letter says. Congress, in the Gun Control Act of 1968, didn’t make violating a regulation a crime. The Firearm Owner’s Protection Act of 1986 further reduced ATF’s power. Congress’s specific regulations negate any broad power.

Keane added, “ATF has no authority to ‘improve’ on what Congress enacted or to create new crimes not enacted by Congress. An agency may not re-write statutory terms or fill in what the agency considers to be ‘gaps’ or ‘loopholes’ in the statute.”

SEE ALSO: Nationwide Halt on ATF’s Pistol Brace Rule!

“The GCA is a criminal statute, and ATF’s reading is not entitled to any deference. Given that the GCA is a criminal statute with the same meaning in a civil context, ATF may not create presumptions thereon for civil or administrative purposes,” he continued.

NSSF warns ATF in their letter that the Proposed Rule could have detrimental unintended consequences. It would increase licensees significantly, divert ATF resources, and distract from criminal investigations.

It could also harm both the legitimate firearm industry and ATF operations.

NSSF criticizes the Biden administration for enacting Final Rules that bypass Congress, creating criminal law through Executive overreach.

This includes ATF’s Final Rules on Frames, Receivers, and Stabilizing Pistol Braces. U.S. Courts of Appeal are currently scrutinizing these rules.

The public comment period concluded on December 7, 2023. Should the ‘Engaged in the Business’ rule be adopted by ATF, lawsuits are likely to ensue as we saw with the pistol brace and frames & recievers rules.

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  • Hondo December 11, 2023, 7:46 pm

    I can’t wait til this diaper filling pedophile is out of office. #FJB

  • Tom December 9, 2023, 10:54 am

    This is one of many attempts by the government to wear down its opponents financially, psychologically, and overload the legal system so some of their progressive insanity (or is it, euro-one-world-disorder) will rub off on the American people’s psyche.

    • paul I'll call you what I want/1st Amendment December 12, 2023, 3:47 am

      Our tax dollars at work…….supporting communism!

  • robert bayer December 8, 2023, 1:14 pm

    BATF needs to keep their progressive hands out of the law-making aspect of which they have no authority. All they manage to do is confuse the licensed dealers who try to do the prescribed job as best we can. The end result is confusion as to what is proper and required by some of us who have been “in the business” for 40 or more years. I’ve maintained a small “brick and mortar” store on my rural property that long. My inspection experiences have been pleasant with the agents sent to inspect my record keeping with an occasional minor error showing up and easily correctable. This has been a relationship with mutual respect, not lord and master.

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