Comment on FR Doc # 2026-08919
Keith ElderOpposeIndividual
Summary: The commenter opposes the proposed rule, arguing that it preserves legal theories already rejected by federal courts. They urge the ATF to rescind the previous "Engaged in the Business" 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. [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.