[Posted August 6, 2024]
NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule
The NRA filed a lawsuit in Federal Court in Alabama challenging the new ATF regulations regarding who is engaged in the business of selling firearms. This lawsuit seeks a declaration that the new regulations are not valid as they go past the scope of the law. The lawsuit also seeks a preliminary injunction against the enforcement of the new regulations. Here is the link to the NRA-ILA website for more information:
[Posted August 6, 2024]
Supreme Court Ruling in “Roper Bright Enterprises” Makes it More Likely that the New ATF Regulations will be Overturned
The Supreme Court’s ruling Friday June 28th, in the Roper Bright Enterprises case, overturns what is called the Chevron Doctrine. The Chevron Doctrine comes from a 1984 case in which the Supreme Court held that Federal Administrative agencies were entitled to deference in interpreting the requirements of law that the agency administered. Thus, an agency was presumed to know what the law required, and its regulations were presumed to be correct. The Chevron deference makes it difficult to challenge an agency regulation for being beyond the scope of law. Taking away this deference and allowing courts to decide when challenged, if a regulation is in fact in conformance with law, means that it is now easier to assert that an agency created regulation is beyond what Congress intended in creating a law it relates to and it will be easier to challenge regulations for being too broad.
This is important in the challenge of the new ATF regulation regarding who is required to have an FFL license. The strongest argument for finding the new regulation impermissible is that the regulation’s requirements go beyond the requirements of the law and create obligations that do not exist in the law and hence are not valid. This determination has been made preliminarily in the new regulation litigation that is occurring in Texas. The Roper Bright Enterprises decision will increase the likelihood that Courts will determine that the new ATF regulation is not permissible because it exceeds the requirements created in the 2022 Bi-Partisan Safer Communities Act. The implications of this case were known with regard to the new ATF regulation, and it was known that this decision would be important to the future determinations relating to the enforceability of the new ATF regulation.
In short, based on the Roper Bright Enterprises ruling it is more likely that the new ATF regulation will be overturned.
[Posted June 17, 2024]
Gun Owners of America (GOA) and Other Plaintiffs Protected Against the New ATF Rules;
Support the Cause and Protect Yourself by Joining GOA today
As previously communicated, the ATF’s new regulations went into effect on May 20, 2024. These regulations are more restrictive regarding who is deemed to be “engaged in the business” in the sale of firearms and thus required to have a Federal Firearms License.
Several entities filed suit against the ATF, and in a significant victory, a federal judge in Texas granted a preliminary injunction to the Plaintiffs on June 11. ATF cannot enforce the new regulations against these Plaintiffs while the case is being litigated at the District Court level. Plaintiffs include the Tennessee Firearms Association, the Virginia Citizens Defense League, and residents of the States of Texas, Utah, Mississippi, and Louisiana, Gun Owners of America (GOA) and its members, and the Gun Owners Foundation (GOF).
To be covered by the injunction issued by the Federal Court, OGCA suggests you become a member of Gun Owners of America (GOA) if you are not already. To join GOA the fee is $25 per year and payable online, at: https://donate.gunowners.org/join/
[Posted May 20, 2024]
A Federal Court has found that the new ATF regulations are likely not proper and issued a Temporary Restraining Order, but you have to take action to be covered by this Court Ruling.
As previously communicated – ATF has issued new regulations regarding who is required to have an FFL license in order to sell firearms. These regulations are more restrictive regarding who is deemed to be a dealer in the sale of firearms, focusing on what activities constitute being “engaged in business”. The regulation sets forth several presumptions of activities that constitute being engaged in the business of selling firearms and thus requiring an FFL. The regulations are directed to individuals that repetitively resell firearms with the intent to earn a profit, no matter where or how such activity is conducted, requiring them to obtain an FFL. No specific number of sales is set forth to meet the threshold.
The new regulations were created administratively by ATF, and are separate and apart from the law. They can be used in administrative and civil proceedings. The new regulations go into effect today, May 20, 2024.
Yesterday, a Federal Court in Texas granted a Temporary Restraining Order (TRO) prohibiting the enforcement of the new ATF regulations relating to redefining who is engaged in the business of selling firearms. The injunction is temporary and currently in force through June 2, 2024, allowing the Court time to conduct a more complete hearing relating to a temporary injunction that has been requested, that would remain in place until the case if fully decided. But the Court concluded at this time that the ATF regulations likely are not proper. Lots of legal stuff.
There were several Plaintiffs in the case to whom the TRO provides protection. Of note, Gun Owners of America, Inc. (“GOA”) was one of the Plaintiffs, seeking relief from the ATF regulations for its members. The Court granted the TRO on behalf of GOA and its members. It is suggested that you strongly consider becoming a member of the GOA and a part of the class of people to whom the TRO applies barring enforcement of the ATF regulation against you through June 2, 2024. Click this link to see GOA’s Press Release: https://www.youtube.com/live/GOA ATF Press Release
To join the GOA the fee is $25 per year and payable online, you may do so through this link: https://donate.gunowners.org/join//
If you wish to read the court’s ruling click this link: ATF Rule TRO
[Posted May 1, 2024] New ATF Regulations go into Effect After May 20, 2024
ATF has issued new regulations regarding who is required to have an FFL license in order to sell firearms. These regulations are more restrictive regarding who is deemed to be a dealer in the sale of firearms, focusing on what activities constitute being “engaged in business”. The regulation sets forth several presumptions of activities that constitute being engaged in the business of selling firearms and thus requiring an FFL. The regulation is directed to individuals that repetitively resell firearms with the intent to earn a profit, no matter where or how such activity is conducted, requiring them to obtain an FFL. No specific number of sales is set forth to meet the threshold.
Excepted from the licensure requirements are individuals who make occasional sales from their personal firearms collection to obtain better firearms for their collection or who gift the items to family member or sell to an FFL holder. Also, a person may sell their firearms if they are liquidating part or all of their firearms collection, without restocking.
The new regulations were created administratively by ATF, and are separate and apart from the law. They can be used in administrative and civil proceedings. The new regulations go into effect May 20, 2024. This link will take you to ATF regulations_effective_5.20.24 Please note that document is 466 pages long. The first 451 pages relate to comments made during the rule review and the ATF responses. The new regulations begin at page 451. Also understand that OGCA filed lengthy objections to the proposed regulations and encouraged members and many other organizations to also file objections. The leadership of OGCA believes that the regulations go beyond the changes made to relevant law in the Bi-Partisan Safer Communities Act, and as such the regulations are not proper. There are other issues with the regulations as well. OGCA expects the regulations to be challenged in Court proceedings. The course of any litigation is difficult to predict at this time. The explanation given here does not capture all the issues addressed in the regulations, and you are encouraged to familiarize yourself with the new regulations.
More Information on the New ATF Regulations effective 5/20/24:
ATF-definition-engaged-in-the-business.gov
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Links to contact information for your US Senators and Representative
https://www.senate.gov/senators/senators-contact.htm
https://www.house.gov/representatives/find-your-representative
