Regulations Defining Engaged in the Business as a Dealer in Firearms

The National Firearms Act Trade and Collectors Association (NFATCA) supports the proposed rule to clarify the definition of "engaged in the business" as a dealer in firearms. They argue that the rule aligns with existing statutes and protects individuals from being criminalized for enhancing personal collections.

The commenter opposes the proposed rule, arguing that it deregulates firearm sales and removes enforcement tools used to identify unlicensed dealers. They express concern that this will make it easier for prohibited individuals to obtain weapons and facilitate firearms trafficking.

The commenter argues that the "engaged in the business" rule should be carefully structured to distinguish between private collectors and actual dealers. They emphasize that selling firearms due to inheritance, financial hardship, or changing interests should not be automatically classified as a business activity.

The commenter opposes the proposed rule, arguing that the definition of "engaging in the business" is too vague and could unfairly criminalize private party sales. They contend that such regulations are an overreach of bureaucratic authority and should instead be handled by Congress through legislation.

The commenter argues that the ATF should reject the proposal to rescind the 2024 final rule because it provides essential clarity on what constitutes "engaged in the business" as a firearms dealer. They contend that the proposed rescission is a retreat from the Bipartisan Safer Communities Act, creates regulatory ambiguity, and undermines the agency's ability to police the illicit firearms market.

Michael Ravnitzky supports the proposed rule because it corrects the "procedural and substantive problems" and "chilling effects" created by the previous 2024 rule. He argues that the new proposal provides a more stable, legally durable framework that aligns with statutory authority and historical guidance while urging the ATF to acknowledge its own role in creating the previous regulatory confusion.