Biden-era gun rule bites the dust in federal court

(Daily Caller News Foundation) – A federal court formally struck down a Biden administration regulation targeting private sales of firearms Friday after the Department of Justice (DOJ) dropped its appeal.

Acting Attorney General Todd Blanche revealed during an April 30 press conference that at least 34 rule changes would be published by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), including repeal of the “stabilizing brace” and “Definition of ‘Engaged in the Business’ as a Dealer in Firearms” rules imposed by the Biden administration, as well as altering a third regulation that the Biden administration used to target so-called “bump stocks.” United States District Judge Matthew J. Kacsmaryk of the Northern District of Texas, a Trump appointee, issued the final judgment Friday.

The Biden administration imposed the “Definition of ‘Engaged in the Business’ as a Dealer in Firearms” rule on April 10, 2024, claiming it was intended to reflect changes in the Bipartisan Safer Communities Act. GOA, the state of Texas and several individuals sued to block the regulation, securing a preliminary injunction on June 11, 2024.

The Biden administration claimed that the “Definition of ‘Engaged in the Business’ as a Dealer in Firearms” rule merely adjusted various regulatory definitions, including “engaged in the business as a dealer other than a gunsmith or pawnbroker” and “principal objective of livelihood and profit,” so that ATF regulations could be “relied upon by the public.” One of the things it did was to define how a person was “engaging in the business” or showing intent to “predominantly earn a profit” from selling firearms, adding that failing to make a profit would not avoid ATF assuming a person was illegally dealing in firearms.

The complaint filed by Texas and GOA argued that the statutes already had clear definitions and that ATF was exceeding its authority that “was statutorily granted to ATF by Congress.”

“GOA won our lawsuit against the ATF’s tyrannical Engaged in the Business rule. It has officially been completely VACATED!” Gun Owners of America posted on X Monday.

Two weeks prior to the April 30 press conference, the DOJ asked the United States Court of Appeals for the Fifth Circuit to dismiss its appeal of the district court’s ruling against the regulation, citing the plans to revisit the regulation.

Blanche told reporters during the April 30 press conference that the changes were intended to improve enforcement while also complying with a February 2025 executive order issued by President Donald Trump, which included a direction to review ATF’s regulations promulgated by the Biden administration.