Comment on FR Doc # 2026-08919
Miles ColemanOpposeIndividual
Summary: The commenter, an individual, opposes the proposed rule and urges the ATF to rescind the "Engaged in the Business" framework entirely. They argue that the proposed rule preserves legal theories rejected by courts and continues to unfairly target law-abiding citizens for routine personal activities.
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. 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". 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. Thank you. RIN 1140-AB01.