A federal judge has officially shut down the ATF’s efforts to restore harmful business tactics.
Gun groups, including the Gun Owners of America, have been celebrating the rollback of the National Firearms Act since late last week. But another recent decision deserves some celebration, and the group’s spokesman, “hero with a gun” Stephen Willeford, has taken notice.
- A district judge recently denied the Department of Justice’s final motion to save some form of the now-dead “engaged in the business” rule.
- Originally applied in 2024 by then President Joe Biden, the rule had forced expansion on who would need a federal firearms license to sell guns.
- The ATF declared shortly after that the primary purpose of a sale didn’t need profit for a federal firearms license (FFL) to be required. But they’ve been shut down by the judge.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recently attempted to save portions of its “engaged in the business” rule, which had been shut down earlier this year. But U.S. District Judge Matthew J. Kacsmaryk put a stop to that, denying the motion to alter or amend the judgment he had made prior.
LEARN MORE ABOUT THE GUN OWNERS OF AMERICA ON ITS OFFICIAL WEBSITE.
The rule was initially put in place by then President Joe Biden back in 2024, requiring a federal firearms license (FFL) to sell guns. But the problem is when the ATF decided to classify just who would need such a license, indicating that the primary purpose of a sale need not be profit for such a license to be necessary. So even private gun owners offering guns would end up being treated – unfairly – as dealers.
The Gun Owners of America were one of the top groups to sue the ATF over the rule. Kacsmaryk initially issued a preliminary injunction blocking enforcement of the rule. However, when the Department of Justice had voluntarily dismissed its appeal, the Judge made a final call, vacating the rule entirely.
The ATF, working with the Department of Justice, attempted to file a motion to modify the laws in some respect, insisting only some parts should be struck down and others should be upheld. But Kacsmaryk was quick to respond, calling the government’s position “too clever by half,” assuring they wouldn’t be able to try again.
“Defendants cannot avoid the force of those Orders by rearranging a few words between the old Rule and the new one,” he had noted in his decision. Hence, the rule is officially no more.
Willeford, a firm believer in everyone’s right to carry firearms (and without penalty, for that matter), joins us now to discuss this decision further. We welcome him to the show!
Q&A:
- So why did President Biden set up this rule to begin with? Was he really concerned as to who was selling firearms to other people?
- Why did the ATF try to twist the rules around to turn private gun owners into potential dealers? Were they trying to hit them with unnecessary fines, or simply keeping track of who was registered to what?
- Apparently the District Judge saw right through this and decided to act against the rule. How did its reversal affect both private gun owners and dealers as a whole?
- Why do you think the ATF and Department of Justice were trying to salvage certain parts of the rule? To maintain some sense of control over who was selling what? Or something else?
- Now that the rule has been vindicated entirely, is this a huge win for everyone? And how does that make you feel paired up with the other huge victory over the National Firearms Act?
- You recently wrote a book called A Town Called Sutherland Springs: Faith and Heroism Through Tragedy, revolving around your 2017 “hero with a gun” situation. Tell us more about how this came together, and why it’s such an important read right now.
- Where can people find your book?
- Where can we learn more about you, as well as Gun Owners of America?
- You can learn more at http://www.thebarefootdefender.com. You can also read more about the Gun Owners of America at https://www.gunowners.org/.
About Stephen Willeford…
Stephen represents Gun Owners of America and is known around the country as the “good guy with the gun” for helping stop the largest Texas mass shooting in the history of the state in 2017. He is available to speak about all gun rights issues, as well as the importance of Gun Owners of America. He is the author of the book A Town Called Sutherland Springs: Faith and Heroism Through Tragedy. You can read more about him at http://www.thebarefootdefender.com.
CONTACT: Todd Baumann at 512-966-0983 or by email Jerry McGlothlin at bookings@specialguests.com.
