DOJ Officials Fight to Hold Onto ‘Engaged in the Business’ Rule Despite Court Setbacks

For a long time, the definition the ATF used for someone engaged in the business of selling guns–the definition that, if met, would require someone to get a federal firearms license–was someone who made a living or partial living from the selling of firearms. That means it covered anyone from a gun store owner to someone who had a side hustle handling gun transfers for people.

Then everything changed and it suddenly meant anyone who made a profit, which created far more confusion than you might think. A gun that increased in value due to relatively low supply, for example, would create a profit for the seller even if he’s selling at below market value and he only sold a single firearm.

That’s not really much of a business.

The rule, though, basically is meant to intimidate people into just going through an FFL so you won’t have to worry, thus creating a de facto universal background check system.

But the rule was challenged by the Gun Owners of America. GOA won, but they’re hitting some snags according to a press release they sent on Tuesday:

Gun Owners of America (GOA) and Gun Owners Foundation (GOF), alongside the states of Texas, Louisiana, Utah and Mississippi have filed an opposition to the Department of Justice’s (DOJ) motion to stay our ongoing lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case, which seeks to block the Biden Administration’s unlawful “engaged in the business” rule, had already seen a victory at the lower court, where a judge granted a preliminary injunction in favor of the plaintiffs. But now, the DOJ is attempting to stall the case by asking for a stay, which could delay a resolution for an indefinite period of time. 

In our response filed today, GOA and the Texas Attorney General’s office made it clear that the DOJ’s request to stay the case only serves to further entrench the issue in a “quagmire of administrative process and serial litigation.” As the case is now on the brink of resolution, the DOJ’s actions seek to prolong the legal uncertainty, making it harder for gun owners to defend their rights. 

The DOJ’s request to stall this victory is not only baseless but also indicative of the entrenched anti-gun agenda within DOJ’s bureaucracy.  

This legal battle is part of a larger fight to protect the Second Amendment rights of all Americans. GOA and the Texas Attorney General’s office are working tirelessly to ensure that the ATF’s overreach is held in check, demanding that the DOJ cease its efforts to derail the court from deciding our case. On the campaign trail, President Trump said: “Biden is trying to ban all private gun transfers in the United States with a stroke of a pen. Under a Trump administration, all of those Biden disasters get ripped up and torn out my first week.” 

Erich Pratt, Senior Vice President of GOA, issued the following statement: 

“We’ve already won a preliminary victory in the lower court, and the DOJ’s attempt to now stay the case is nothing but a delay tactic. A stay risks entrenching this case in an endless cycle of bureaucracy, and we’re not going to let that happen. The judge in our case issued a strong preliminary ruling, and it’s time to move forward—no more stalling. We encourage Attorney General Pam Bondi to put the right people in charge of handling these critical cases. DOJ bureaucrats are standing in the way of justice, and it’s time to make sure the right people are held accountable.” 

Sam Paredes, on behalf of Gun Owners Foundation, added: 

“While we attempted to resolve this behind the scenes, it’s clear that career bureaucrats in the DOJ have made the wrong decision. We’re calling out this misconduct, and we want to put the spotlight on those responsible for blocking the victory we’ve achieved. President Trump said he would ‘rip up’ this unlawful Rule, and so it’s inexplicable why the DOJ is now standing in the way of the court being able to do just that.” 

Now, with Trump in office and Attorney General Pam Bondi running the Department of Justice, I can’t help but wonder why this is going on at all. 

I mean, yeah, Bondi isn’t exactly the most pro-gun attorney general we could have gotten, but she’s working for President Donald J. Trump. He ran as a pro-gun president and has directed Bondi to evaluate all unconstitutional gun control laws and work toward ending them. This has got to fall under that umbrella, which means the best way to do that is to just allow the ruling to stand.

It’s entirely possible that Bondi was unaware this was happening. I’d love to blast her for that, but the Department of Justice has a lot going on and while she’s responsible for what happens on her watch, she can’t be realistically expected to know what every attorney in the DOJ is doing at any given moment.

Which is where we come in.

It’s up to us, both the pro-Second Amendment media and the pro-gun advocates out there, to make sure Bondi is aware this is happening and to demand she take steps to put an end to it. GOA attributes this to Biden holdovers in the DOJ, and that’s entirely possible. If that’s the case, then it’s time those government employees are invited to seek employment opportunities in the private sector.

Brandon Herrera said in a recent video that from what he’s heard, if we get a third of what the Trump administration has in mind, this will be the most pro-gun administration in history. If that’s true, this is a prime time to start putting that to work and putting an end to this blatantly unconstitutional rule by simply stopping the legal action trying to overturn a decision.

It’s the easiest thing in the world. You just tell the judge that you’re done fighting and will let the ruling stand as it is.

Let’s make it happen.