The relationship between the Department of Justice (DOJ) and the Second Amendment community is fraught with inconsistencies.
While Attorney General Pam Bondi’s (R) agency now throws its considerable weight behind some legal challenges to unconstitutional gun control, it continues to defend the indefensible acts of the previous administration to suppress gun rights.
On Tuesday, the Fifth Circuit Court of Appeals rejected the DOJ’s latest attempt to kick a significant issue further down the road. The court denied the request to delay proceedings in a critical case by two more months.
Ordinary citizens may be classified as “in the business” under the ATF final rule
Judges wrote in a brief order, “IT IS ORDERED that Appellants’ opposed motion to extend the stay of proceedings in this case for 60 days…is DENIED.”
At issue is one of the more insidious provisions contained in the so-called Bipartisan Safer Communities Act (BSCA) of 2022. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) now categorizes just about anyone who even occasionally sells a firearm as “engaged in the business.”
2A supporters rallied against this latest infringement on gun rights
Before the BSCA, law-abiding citizens could sell items from their personal collections without government interference. There was no need for these hobbyists to acquire a Federal Firearms License (FFL) as they were clearly not “engaged in the business.”
However, the ATF’s final rule, published in April 2024, did not set a minimum for transactions to trigger the need for a federal license. Instead, anyone who sells weapons “predominantly to earn a profit” qualifies for extra government scrutiny.
A coalition of Second Amendment-supporting states, led by Texas, Louisiana, and Utah, challenged the new ATF rule as being in clear violation of the Bill of Rights. They were joined by Gun Owners of America, Gun Owners Foundation, and other 2A advocates.
A Texas district court in June 2024 granted a preliminary injunction against the ATF final rule, ending enforcement for the time being.
However, the DOJ appealed and subsequently sought several stays in the case, claiming that more time was needed for the new administration. That argument fell flat on Tuesday, and there is renewed hope for a favorable resolution.
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