ATF "Final Rule" Struck Down By Federal Judge

Published on June 12, 2024
Duration: 8:19

A federal judge in the Northern District of Texas has issued an injunction against the ATF's 'Engaged in the Business' final rule. The judge found the rule contradicts the Gun Control Act (GCA) and the Administrative Procedures Act (APA), particularly regarding the definition of a dealer and the requirement for a minimum number of firearm transactions. This injunction currently applies to specific plaintiffs and members of certain organizations, but the speaker believes a nationwide win is possible.

Quick Summary

A federal judge in Texas has issued an injunction against the ATF's 'Engaged in the Business' final rule, finding it contradicts the Gun Control Act and the Administrative Procedures Act. The ruling states that a single transaction or offer is not sufficient to be considered 'engaged in the business' of dealing firearms, as defined by law.

Chapters

  1. 00:00Introduction: ATF Rule Victory
  2. 00:30Channel Support Request
  3. 01:04The 'Engaged in Business' Rule Explained
  4. 01:30Federal Court Injunction Issued
  5. 01:42Case Details: Texas et al. v. ATF
  6. 01:54Judge's Order Critiques ATF Rule
  7. 02:35Preliminary Injunction Motion Timeline
  8. 02:48Injunction Granted: Who is Covered
  9. 03:00Plaintiff Organizations Named
  10. 03:16Nationwide Impact Potential
  11. 03:38ATF Attempt to Limit Injunction Denied
  12. 03:58Judge's Reasoning: GCA Contradictions
  13. 04:05Rule Clashes with GCA Text (3 Ways)
  14. 04:10No Minimum Firearms Threshold
  15. 04:30GCA Definition of 'Dealer'
  16. 05:00Exclusions for Occasional Sales
  17. 05:15Plural 'Firearms' vs. Single Offer
  18. 05:35'Regular Course' Contemplating Series
  19. 05:50Purchase and Resale Requirement
  20. 06:18Conclusion: Injunction Granted
  21. 06:42Other Gems in the Order
  22. 07:00Unconstitutional and APA Violation
  23. 07:20Nationwide Win Anticipated
  24. 07:28Importance of Joining Gun Rights Groups
  25. 07:54Excitement for the Injunction
  26. 08:00Outro and Subscribe

Frequently Asked Questions

What is the ATF's 'Engaged in the Business' final rule?

The ATF's 'Engaged in the Business' final rule, now subject to a federal injunction, previously suggested that even the mere offer to sell a firearm could be considered engaging in the business of dealing firearms, potentially triggering licensing requirements.

Which federal court issued an injunction against the ATF's 'Engaged in Business' rule?

A federal district court judge in the Northern District of Texas, specifically the Amarillo division, issued an injunction against the ATF's 'Engaged in the Business' final rule on June 11th, 2024.

Why did the judge strike down the ATF's 'Engaged in Business' rule?

The judge found the ATF's rule contradicted the Gun Control Act (GCA) by not requiring a minimum number of firearm transactions and by ignoring the GCA's definition of 'engaged in the business' which emphasizes a regular course of trade for profit. The rule also violated the Administrative Procedures Act (APA).

Who benefits from the injunction against the ATF's 'Engaged in Business' rule?

Currently, the injunction benefits the named plaintiffs in the lawsuit, including specific states and gun rights organizations like GOA, TFA, and VCDL. Members of these organizations and residents of the named states can also benefit from the injunction.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from Copper Jacket TV

View all →