Comment on FR Doc # 2026-08929

I oppose the ATF’s proposed “Engaged in the Business” rule (RIN 1140-AB01).Although the ATF claims this proposal rescinds the Biden Administration’s unlawful rule, it explicitly admits that “some sections of the Biden rule will be retained.” Instead of fully restoring the clear limits Congress placed on federal authority, this new proposal simply preserves many of the same overreaching legal theories that previously threatened law-abiding gun owners.I agree with Gun Owners of America: the ATF should completely reject the Biden Administration’s flawed interpretation of the law, rather than repackaging it in a slightly different form.Congress deliberately drew a sharp distinction between licensed commercial firearms dealers and private citizens who occasionally buy, sell, or trade guns from their personal collections. This proposal continues to blur that important line. The ATF still maintains that a person can be “engaged in the business” without ever making a profit.Even more concerning, the rule treats routine, lawful behavior as potential evidence of criminal activity. Actions such as keeping a personal firearms inventory, reselling the same model within a short timeframe, or simply offering to sell a firearm could still be used against citizens. The ATF also persists with the dangerous position that a person’s intent alone is enough for prosecution—ignoring federal court rulings and the explicit limits written into the statute by Congress.The proposal further fails to fully uphold the broad statutory safe harbor Congress created for occasional private sales and transfers from a personal collection. Law-abiding Americans should not live in fear of federal prosecution for selling or trading firearms they personally own.This rule is essentially a recycled version of the Biden Administration’s attempt to impose universal background checks by executive fiat rather than through legislation. It represents a serious breach of trust with America’s responsible gun owners.The ATF should withdraw this proposal and issue a new rule that adheres to the plain language of federal law, respects the Second Amendment rights of law-abiding citizens, and firmly rejects the legal theories that courts have already struck down.