Comment on FR Doc # 2026-08929

Anonymous AnonymousOpposeIndividual
Summary: The commenter opposes the proposed "Engaged in the Business" rule, arguing that it fails to distinguish between commercial dealers and private citizens making periodic personal sales. They contend that the regulation creates an unconstitutional barrier to firearm ownership and advocates for the withdrawal of the proposal in favor of rules that align with existing federal law and court rulings.
I oppose the ATF’s proposed rule (RIN 1140-AB01), “Engaged in the Business”. The law, as passed by Congress, distinguishes between commercial firearms dealers & private citizens who periodically buy, sell, or trade firearms from their personal collections. Your proposed regulation does not follow the clear language & intent of the law. My understanding is that under the proposed rules , keeping an inventory of your firearms, reselling the same model within too short a period of time, or offering to sell a firearm, can be used as evidence that someone is “engaged in the business” without a license. While I cannot foresee selling any of my firearms, we have that right & a government that regulates the sale of every firearm acts as an unconstitutional gate to an enumerated right. According to GOA, it’s apparent the agency also continues to promote the theory that intent alone can be enough to prosecute law-abiding gun owners, despite federal court rulings rejecting that approach and despite the clear limits Congress wrote into the statute. I am certainly not an expert in this area, but again, I ask that you look to the President’s claims of being the most pro-2A administration ever and align your regulations with this. This approach would certainly include aligning with the intent of Congress in their passage of law allowing periodic private sales - Americans should not have to fear prosecution simply because they decide to sell or trade personally owned firearms. The result of your proposed regulations is to make reasonable actions illegal, it continues to create backdoor universal background checks which has not been legislated. As such, I respectfully ask that the ATF withdraw this proposal and issue a new rule that follows federal law, the court’s guidance and aligns with this Administration’s announced goal of being the most pro-2A ever.

View on Regulations.gov