Comment on FR Doc # 2026-08925
Troy DonovanOpposeIndividual
Summary: An individual commenter opposes the ATF's proposed definition of "business premises," arguing that the term should be interpreted in its ordinary commercial sense without new regulatory intervention. They express concern that such a definition could be used to expand warrantless inspection authority and hold licensees liable for activities beyond their control, suggesting that the ATF should rely on case-by-case determinations instead.
RIN 1140-AA69 | Docket No. ATF-2026-0011 | FR Doc 2026-08925
Position: Oppose — ATF should not add a new regulatory definition
I oppose this rule. ATF should not add a new regulatory definition of "business premises" to 27 CFR part 478. The Gun Control Act uses the term in its ordinary commercial sense, and there is no statutory ambiguity that requires ATF intervention.
Adding regulatory definitions is precisely what Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024), counsels against. Regulatory definitions, once written, become tools for expansion. A definition that today "clarifies" that adjacent properties may be one premises will tomorrow be cited to (1) extend warrantless inspection authority under 18 U.S.C. § 923(g) to additional buildings, (2) hold licensees liable for activity on properties they do not control, or (3) sweep more locations into ATF's regulatory reach than Congress contemplated. The Fourth Amendment's protections against suspicionless inspection do not give way to a regulatory definition.
If ATF perceives a real-world enforcement problem, the right tools are case-by-case factual determinations and, where appropriate, requests to Congress to amend the statute. Codifying a definition is the wrong tool.
Recommendation: Withdraw the proposed rule. If ATF proceeds, the definition must (1) be narrowly limited to commonly operated, contiguous parcels, (2) expressly disclaim any expansion of inspection authority, and (3) expressly disclaim liability for activity outside the licensee's actual control.