When the federal government in the form of the U.S. Department of Justice chose to not appeal a court ruling striking down the Biden Administration’s so-called “Engaged in the Business” rule, gun owners and gun-right groups cheered. After all, it was one of the most egregious anti-gun actions by the Biden Administration, meant to squelch private transfers by confusing gun owners, sellers and buyers.
Now, however, the DOJ has seemingly done an about-face, and is back to fighting the demise of the rule, which was nothing more than a Biden scheme to try to get as close to so-called “universal” background checks as possible.
First, some background on the case Texas v. ATF. After the 5th Circuit Court of Appeals granted a preliminary injunction in the case, the DOJ asked the court to dismiss its appeal. But things changed recently, as on October 9 the DOJ filed a notice of appeal in the case.
“Defendants hereby respectfully provide notice of their appeal of this Court’s Final Judgment, ECF No. 176, dated June 12, 2026, and Order, ECF No. 185, dated August 13, 2026, to the U.S. Court of Appeals for the Fifth Circuit,” Brett A. Shumate, assistant attorney general for the Civil Division, wrote in the notice. “Defendants respectfully appeal the following questions: 1. Whether the plaintiffs have Article III standing; 2. Whether the district court erred in concluding that only businesses that make a profit can be ‘engaged in the business’ of dealing firearms, and whether the district court erred in concluding that only businesses that have completed actual firearms sales are ‘engaged in the business’ of dealing firearms; 3. Whether the district court erred in vacating the challenged ATF rule in full.”
The decision to appeal was disappointing to gun-rights organizations and gun owners across the country.
“@TheJusticeDepartment just appealed GOA’s win against Biden’s engaged in the business rule,” Gun Owners of America posted on social media on the same day the appeal notice was filed. “DOJ is fighting to preserve every part of Biden’s rule—even though President Trump promised to ‘rip it up and throw it out on day one.’ Why is DOJ still working against Trump.”
Because of the pushback, Robert Cekada, director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, chose to share with media the reasoning for the appeal.
“Our proposal removes the Biden administration’s added presumptions and regulatory overreach, replacing them with the definition Congress enacted,” Cekada told News2A.com. “The government should carry the burden of proving that someone is unlawfully engaged in the business. The provisions we proposed keeping provide practical clarity: definitions of ‘purchase’ and ‘sale,’ guidance for licensees winding down their businesses, and codifying the longstanding guidance for auctioneers who assist with estate sales. These provisions help people understand their obligations and conduct lawful business.”
Cekada added: “We also scrutinized the provisions we proposed retaining and proposed changes where the prior administration went too far. For example, we proposed removing restrictions that effectively treated former business inventory as permanently commercial, even when a former licensee later makes an occasional private sale. We also proposed removing the exclusion of firearms held for personal protection from the definition of a personal collection.”
Ultimately, the DOJ’s decision to file the appeal is a disappointing one, especially considering President Trump’s promise to get rid of the final rule in its entirety if elected. It’s yet just another example of the mostly pro-gun DOJ somehow losing track of its promises and choosing to double down on a bad Biden executive order without considering the consequences.
Just buy a shotgun.
And they did, and they killed children and teachers with it.
Engaged in buisness.
Uncle Sam certainly wants his share of those taxes.
Pretty sure any auctioneer that sells firearms at an estate sale has an FFL of some type. There is one for antiques and collectibles and a couple of others of various classifications.
“… just another example of the mostly pro-gun DOJ somehow losing track of its promises…”
No, it is an example of a govt agency fighting for its life. Take away mission, take away meaning. The natural inclination for any organism is to survive and prosper, including govt organisms. The ATF non-appointed staff can overrule/override any appointed/elected head of agency, if only by slow-rolling change, any change. If the Director of ATF wants to get anything done, that person must appease the burrocrats; negotiate. Leaders always have a statutory limit to their incumbency; burrocrats are there for a lifetime.
The ATF director traded the “engaged in business” tyranny for something we know nothing about. Part of the deal is that the Director gets blackmailed, and, in order to achieve whatever, agrees to never speak of it.
Why is DOJ still working against Trump.
Because most of the lifers in that agency are 1. Lefties due to the long march and 2. can’t be fired. What, you forgot about “The Swamp” or “the Deep State”?
You want to fix this, it’s not about electing the top dog nor is it about the people he appoints. It’s about the career people in upper middle management who hate you and will actively work against you when possible and simply bide their time until you’re gone when they can’t actively oppose you.
Until you deal with that, the ratchet effect continues. The only realistic way to deal with that is to give a Conservative POTUS a Congress of active people who will work to see his agenda through and do things like pass laws allowing the executive to fire executive agency personnel for cause so that the house can be cleaned.
But that’s very hard to do because Cons are lazy, not half as “informed” as they believe themselves to be and a decent portion of them will go after whatever new shiny object the chattering class gives them, like “nO wArz fer IzreAl!”.
Actual organization? Nah.
Something, something “work”, something blah, blah, blah.
THIS !!!!