Comment on FR Doc # 2026-08929

I oppose ATF's proposed "Engaged in the Business" rule (RIN 1140-AB01). While ATF frames this proposal as a repeal of the Biden Administration's unlawful rule, the agency itself acknowledges that significant portions of that rule will stay in place. Instead of restoring the boundaries Congress set on federal authority, this proposal keeps intact many of the same legal interpretations that put law-abiding gun owners at risk under the prior rule. Like Gun Owners of America, I believe ATF needs to completely discard the Biden Administration's reading of the law rather than merely dressing it up in new language. Congress drew a clear line between commercial firearms dealers and private individuals who occasionally buy, sell, or trade guns from their own collections. This proposal, however, keeps that distinction blurred. ATF still maintains that someone can be considered "engaged in the business" even without making any profit. What's more concerning is that ATF continues to treat normal, legal behavior as if it were proof of wrongdoing. Under this proposal, things like maintaining an inventory list, selling a similar firearm again soon after a previous sale, or simply offering a gun for sale could still count as evidence that a person is operating without a license. ATF also keeps pushing the troubling idea that mere intent could justify prosecuting law-abiding citizens—even though federal courts have rejected this theory and Congress wrote explicit limits into the law. In addition, the proposal doesn't adequately safeguard the wide-reaching safe harbor Congress built in for occasional, personal sales and transfers. No American should have to worry about federal charges simply for selling or trading firearms they personally own. In essence, this rule is just a repackaged version of the previous administration's attempt to push universal background checks through regulatory action instead of going through Congress. That undermines the trust gun owners should be able to place in this agency. ATF should pull this proposal entirely and draft a new one that genuinely adheres to the statute's plain text, upholds the rights of law-abiding gun owners, and firmly rejects the legal theories that courts have already struck down.