Comment on FR Doc # 2026-08929

I oppose ATF’s proposed “Engaged in the Business” rule (RIN 1140-AB01). Although ATF claims this proposal rescinds the Biden Administration’s unlawful rule, it openly admits that “some sections of the Biden rule will be retained.” Rather than fully restoring the limits Congress placed on federal authority, this proposal preserves many of the same legal theories that threatened ordinary, law-abiding gun owners under the previous rule. I agree with Gun Owners of America that ATF should fully abandon the Biden Administration’s interpretation of the law instead of simply repackaging it in a different form. Congress carefully distinguished between commercial firearms dealers and private citizens who occasionally buy, sell, or trade firearms from their personal collections. Yet this proposal continues to blur that line. ATF continues to believe that a person can be “engaged in the business” without ever earning a profit. Even more troubling, ATF continues to treat ordinary, lawful conduct as evidence of criminal activity. Under this proposal, keeping a simple list of your firearms, reselling the same model within a short period of time, or even offering to sell a firearm can still be used as evidence that someone is “engaged in the business” without a license. The agency also continues to promote the dangerous 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. The proposal also fails to fully protect the broad statutory safe harbor Congress created for occasional private sales and transfers from a personal collection. Americans should not have to fear federal prosecution simply because they decide to sell or trade personally owned firearms. These regulations are simply a recycled version of the Biden Administration’s effort to impose backdoor universal background checks through executive action rather than legislation. That represents a clear breach of trust with America’s law-abiding gun owners. ATF should withdraw this proposal and issue a new rule that faithfully follows the plain language of federal law, respects the rights of law-abiding gun owners, and clearly rejects the flawed legal theories that federal courts have already rejected. So many legal gun owners, simply exercising their rights, are exposed to issues because of vague or badly written "rules" that don't seem to be rooted at all in any way to fight crime. In fact they often make normal behavior into a crime. For example, I am a C&R holder. I have a fair sized collection of military surplus arms. I rarely sell any if ever, but should I want to liqidate some of my collection for financial purposes I would be "in the business" according to the origianl rule. I am NOT in the business. I also have normal firearms that are not classified under the C&R umbrella and have been purchased in the normal way with a background check etc. Sometimes you buy something, and it turns out it just doesn't work for you the way you wanted. A handgun doesn't fit your hand well. I hunting rifle doesn't shoulder well or kicks too hard, or mechanical issues and you just want to move on from problems. Am I in the business then? Maybe. It is ridiculous that I have to be worried about these things. I am NOT in the business and I am certainly not a criminal. Acting as if we are ARE is a flawed rule. You sould abolish it completely.