Federal Court Vacates ATF’s “Engaged in the Business” Rule in Major Victory for Gun Owners and the Tennessee Firearms Association
A federal court in Texas has struck down the Bureau of Alcohol,
Tobacco, Firearms and Explosives’ unlawful “engaged in the business”
rule, granting summary judgment to the plaintiffs and vacating the rule
nationwide. This is a major victory for gun owners, for constitutional
rights, and for every American who rejects the federal government’s
continuing effort to turn ordinary, lawful firearm activity into a
regulatory trap.
In its summary judgment ruling, the Court stated:
“[F]or the reasons stated in this Court’s June 11, 2024 Order
granting Plaintiffs’ Motion for Preliminary Injunction (ECF No. 70), the
Court concludes that Plaintiffs have succeeded on the merits of their
claims, brought under the Administrative Procedure Act, against the
challenged Final Rule: Definition of ‘Engaged in the Business’ as a
Dealer in Firearms, 89 Fed. Reg. 28,968 (Apr. 19, 2024), codified at 27
C.F.R. § 478 (2026). The Final Rule is therefore VACATED.”
That is all it took. The rule was unlawful. The plaintiffs proved it. The Court vacated it.
On May 1, 2024, the States of Texas, Louisiana, Mississippi, and
Utah, together with Gun Owners of America, Gun Owners Foundation, the
Tennessee Firearms Association, Virginia Citizens Defense League, and
Jeffrey Tormey, filed suit in federal court in Texas challenging the
ATF’s so-called “engaged in the business” rule. The rule, adopted under
the Biden Administration, radically expanded the meaning of the phrase
“engaged in the business” as applied to firearms dealers. In practical
effect, the ATF attempted to force countless law-abiding gun owners,
potentially hundreds of thousands or even millions of Americans, into
federal licensure even though they were not operating commercial
firearms businesses and did not need federal firearms licenses under the
law as Congress wrote it.
The plaintiffs moved aggressively for injunctive relief to stop
enforcement of the rule. The federal district court granted that relief.
The ATF appealed to the Fifth Circuit Court of Appeals, but later
dismissed its appeal. The district court has now dissolved the
preliminary injunction, dismissed pending motions, granted summary
judgment for the plaintiffs, and vacated the rule.
This outcome is an important reminder: the ATF does not have
authority to rewrite federal law by regulation. Congress writes
statutes. Agencies administer them. When an agency attempts to transform
lawful conduct into regulated conduct by bureaucratic decree, it must
be challenged—and defeated.
But, it should not have taken two years of litigation to reach this result.
Congress could have acted. Congress could have clarified the statute.
Congress could have restricted the ATF’s ability to abuse vague
language and impose sweeping burdens on lawful gun owners. Congress
could have stopped this regulatory overreach before citizens, states,
and public-interest organizations were forced into federal court. But
Congress failed to act Americans – again.
That failure is why litigation remains necessary. It is why
organizations like the Tennessee Firearms Association must be prepared
to fight in court, in the legislature, and in the public square. Federal
agencies and even the State of Tennessee will continue testing the
limits of their power unless they are stopped by courts, restrained by
Congress, and opposed by organized citizens.
The ATF’s rule was not a modest clarification. It was a regulatory
power grab. It was an attempt to treat ordinary Americans as federal
licensees, subject them to burdens never imposed by Congress, and chill
lawful firearm ownership and transfers through fear of prosecution or
enforcement. This ruling exposes that overreach for what it was.
The Tennessee Firearms Association is proud to have served as a named
plaintiff in this important case and thereby represent the interests of
its members. It is honored to have fought with Gun Owners of America and other plaintiffs who were willing to stand on constitutional principles. But this victory is not the end of the fight. It is proof
that the fight matters.
TFA will continue working to defend the rights of Tennessee gun
owners and to support efforts that hold federal and state officials
accountable when they exceed their lawful authority or, more commonly,
when they knowingly violate the constitutional limits that we imposed on
them.
If you are willing to help the Tennessee Firearms Association
continue battles like this, please join TFA and consider making a
supplemental member donation. Your support helps sustain the work
necessary to oppose unconstitutional and unlawful restrictions on
firearms rights. You may also donate to the
Tennessee Firearms Foundation, a 501(c)(3) charitable organization that expends some of its donated funds on public-interest litigation.
Court victories do not happen by accident. They require plaintiffs
willing to stand, lawyers willing to fight, and citizens willing to fund
the battle.
This was a major victory. With your help, it will not be the last.