(New Rule 5/34) ATF RETREATS On “Engaged In The Business” Gun Rule

This video breaks down the ATF's proposed rollback of the 'Engaged in the Business' gun rule, originally implemented under the Biden administration. The ATF acknowledges that the previous rule had significant issues, including potentially shifting the burden of proof onto gun owners and failing to achieve its intended goals of increasing FFLs and background checks. The rollback addresses concerns about personal collections and the definition of a firearms dealer, influenced by lawsuits and public backlash.

Quick Summary

The ATF is proposing to roll back major portions of the Biden-era 'Engaged in the Business' rule, acknowledging that the previous rule had significant issues. These issues included potentially shifting the burden of proof onto gun owners and failing to achieve its intended goals of increasing FFLs and background checks. The rollback addresses concerns about personal collections and the definition of a firearms dealer.

Chapters

  1. 00:00Introduction: ATF's Major Development
  2. 00:16The Biden Era 'Engaged in the Business' Rule
  3. 00:33Backdoor Attempt at Universal Background Checks
  4. 00:56Lawsuits, Backlash, and ATF's Admission
  5. 01:14ATF Admits Rule Was at Odds with Statutory Text
  6. 01:25Concerns About Shifting Burden of Proof
  7. 01:36Rule Failed to Achieve Major Goals
  8. 01:41Breaking Down the Rule's Impact
  9. 02:00Guns & Gadgets Channel Introduction
  10. 04:10The 'Engaged in the Business' Fight Explained
  11. 04:16Bipartisan Safer Communities Act (BSCA)
  12. 04:48BSCA's Definition Change: 'Predominantly Earn a Profit'
  13. 05:21Lowered Threshold for Dealer Classification
  14. 06:03Biden Executive Order 14092 and ATF's 2024 Rule
  15. 06:27ATF Went Beyond Congressional Intent
  16. 07:05Gun Owners' Warnings About Presumptions
  17. 07:31Constitutional Concerns: Assuming Guilt First?
  18. 07:57Texas Federal Court Case Criticism
  19. 08:13ATF Admits: 'We Done Messed Up'
  20. 08:23Government Bears Burden of Proof
  21. 08:49ATF Admits the Rule Basically Failed
  22. 09:01Rule Did Not Increase FFLs or Background Checks
  23. 09:16Dealer Application Data Shows Decline
  24. 09:59EIB Rule Did Not Increase Type 01 Licensees
  25. 10:14Presumptions Not Useful in Enforcement
  26. 10:37Personal Collections Addressed
  27. 10:53Prior Rule Excluded Personal Protection Firearms
  28. 11:39Prior Definition Was Overly Restrictive
  29. 11:46Firearms for Self-Defense Now Included
  30. 12:15Important for FFLs and Former FFLs
  31. 12:21Old Inventory Restrictions
  32. 13:01Courts Hammered the Rule
  33. 13:07Texas Injunction Against ATF
  34. 13:14ATF Exceeded Statutory Authority
  35. 13:26Administrative Agencies Are Not Congress
  36. 13:44Concern for All Americans: Bureaucratic Redefinition
  37. 13:58Lawsuits, Pressure, and Challenges Work
  38. 14:06Proposal Does Not Eliminate All Laws
  39. 14:14Still Need FFL for True Dealers
  40. 14:30Blurring Lines Between Dealers and Private Citizens
  41. 14:53Significant Moment: ATF Acknowledges Problems
  42. 15:15Still a Proposed Rule: Public Comments Open
  43. 15:25Potential for Future Litigation and Battles
  44. 15:39Major Development: Lawsuits and Pressure Work
  45. 15:49Viewer Discussion: ATF Presumptions and Overreach
  46. 16:13Conclusion: Fight for the Second Amendment Continues

Frequently Asked Questions

What is the ATF's proposed rollback regarding the 'Engaged in the Business' rule?

The ATF is proposing to roll back significant portions of the Biden-era 'Engaged in the Business' rule. This action acknowledges that the previous rule had issues, including potentially shifting the burden of proof onto gun owners and failing to achieve its intended goals of increasing FFLs and background checks.

How did the Bipartisan Safer Communities Act (BSCA) change the definition of 'engaged in the business'?

The BSCA changed the definition from requiring the principal objective of livelihood and profit to 'predominantly earn a profit'. This lowered the threshold, allowing the government to classify individuals as dealers based on the intent to make money, rather than it being their primary income source.

What were the main criticisms of the previous ATF 'Engaged in the Business' rule?

Key criticisms included the rule potentially shifting the burden of proof onto gun owners, improperly expanding the law through regulation, and failing to increase FFLs or background checks as intended. Courts also criticized it for requiring owners to prove innocence.

Does the ATF's proposed rollback mean there are no laws against dealing firearms without a license?

No, the proposed rule clarifies that laws against dealing firearms without a license still apply. Individuals who are truly operating as firearms dealers, buying inventory and repeatedly selling it for profit as a business, will still need an FFL. The rollback aims to distinguish them from ordinary citizens engaged in lawful private activity.

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