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Biden’s ATF Regulation on Gun Sales Cannot Be Applied to NRA Members

Biden's ATF Regulation on Gun Sales Cannot Be Applied to NRA Members

ATF Regulations Blocked by U.S. District Judge

On Tuesday, U.S. District Judge Corey L. Maze issued a ruling that effectively blocks certain ATF regulations, particularly those related to the “engaged in the business” rule. This decision appears to favor two plaintiffs, Don Butler from Talladega and David Glidewell from Ragland, as well as members of the NRA.

The ATF’s rule was initially promulgated on April 10, 2024, with the aim of increasing the rate of background checks at points of sale by categorizing certain private sales as business transactions.

Concerns arose when the former ATF Director, Steven Dettelbach, struggled to specify what it means for a civilian to be considered “engaged in the business” of selling firearms. This vagueness creates anxiety among law-abiding gun owners.

The litigation referenced, Butler v. Garland, was subsequently substantiated in Butler v. Bondi. In this case, the plaintiffs argued that Congress should be involved in determining the number of firearms sold before someone is classified as engaging in the firearms business. They contended that the ATF overstepped its boundaries by regulating individuals who sell just one firearm.

Judge Maze agreed with the plaintiffs, arguing that the ATF’s interpretation of the Gun Control Act of 1968 was flawed. He noted that the ATF could not outlaw a single transaction or even a single offer to buy or sell a firearm.

During the ruling, Maze cited previous case law, indicating that individuals aren’t considered engaged in the business of trading firearms unless they treat such activities as a routine part of their commerce. He further examined the language in the ATF’s final business rules, suggesting that these instances illustrate how the ATF has often exceeded its legal authority.

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