By AWR Hawkins
Copyright breitbart
On Tuesday, U.S. District Court Judge Corey L. Maze “permanently [blocked] federal authorities from enforcing multiple provisions of the ATF’s [‘engaged in the business’ rule],” according to Rocket City Now.
Maze’s ruling applies to two plaintiffs — “Don Butler of Talladega and David Glidewell of Ragland” — and to members of the NRA.
ATF’s engaged in the business rule became final on April 10, 2024. The rule is designed to expand the occurrences of point-of-sale background checks by counting certain private sales as business sales, thereby requiring the transfer to be handled via a National Instant Criminal Background Check System (NICS) background check.
As the rule prepared to be finalized, Breitbart News noted that then-ATF director Steven Dettelbach could not could not define a precise threshold for when private citizens are considered “engaged in the business” of selling guns. The ambiguity put law-abiding gun owners on edge, as they could not ascertain when they might be in violation of the rule and when they might not.
A lawsuit, Butler v. Garland, resulted, later to be augmented to Butler v. Bondi.
In the case, “Plaintiffs argue that Congress requires a person buy or sell multiple firearms before he can be deemed to be engaged the firearms’ business, and ATF exceeded its authority by roping in persons who sell or offer to sell only one firearm.”
Maze agreed with the plaintiffs, noting that the “ATF exceeded its authority when it interpreted the [the Gun Control Act of 1968] to possibly prohibit a single purchase or sale or a single offer to purchase or sell a firearm.”
Maze pointed to case law, summarizing: “Congress decided that a person is not engaged in the business of dealing in firearms unless he deals firearms ‘as a regular course of trade or business’… Regular means repeated or often. So regular business requires more than one firearm transaction involving a single firearm. Because the Final Rule says single transactions involving one firearm may be prohibited in some cases, it exceeds ATF’s statutory authority.”
He continued to examine phrases in the ATF’s final engaged in the business rule, showing again and again how the “ATF exceeded its authority,” ruling: “The court will enter a separate order that PERMANENTLY ENJOINS the Department of Justice, ATF, Acting ATF Director Daniel Driscoll, and Attorney General Pamela Bondi from enforcing these aspects of the ‘Engaged in the Business’ Final Rule against Plaintiffs Don Butler, David Glidewell, and any member of the NRA.”
