Comment on FR Doc # 2026-08919

John LatzOpposeIndividual
Summary: The commenter opposes the proposed rule, arguing that it preserves legal theories already rejected by the courts and continues to threaten law-abiding individuals. They urge the ATF to rescind the existing framework entirely and issue a new rule that strictly follows federal statutory language.
I oppose this proposed rule as written and urge ATF to rescind the Biden "Engaged in the Business" framework in its entirety rather than issuing a partial replacement that preserves the same legal theories a federal court already rejected in Texas v. ATF. [Add your situation — e.g., "I am a collector who occasionally sells firearms from my personal collection. Under ATF's surviving enforcement framework, maintaining a list of my guns, reselling a model, or listing a firearm for sale can still be used as evidence against me — even though I am not a dealer and have never acted as one" or "I recently administered an estate that included my father's firearm collection. The retained provisions of this rule could expose innocent estate administrators like me to prosecution as unlicensed dealers."] Specifically, I urge ATF to: (1) rescind all retained sections of the 2024 Biden rule, including any provisions allowing routine personal collection activities to be used as evidence of unlicensed dealing; (2) eliminate the assertion that intent alone is sufficient to establish unlicensed dealing, a theory the Texas court rejected; (3) issue a new rule that follows the plain statutory language of federal law and the limits Congress imposed; and (4) clearly reject all legal theories already vacated by federal courts. A rule that survives in fragments still threatens the same law-abiding Americans it targeted from the start. RIN 1140-AB01.

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