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Fifth Circuit Rejects DOJ Delay in ATF “Engaged in the Business” Case

In a decisive smackdown to the Biden administration’s regulatory overreach, the Fifth Circuit Court of Appeals has rejected the DOJ’s plea to hit the pause button on a high-stakes challenge to the ATF’s engaged in the business rule. This 2024 gem from the ATF redefined what it means to be a firearms dealer under federal law, sweeping up hobbyists, casual sellers at gun shows, and even family members passing down heirlooms into the FFL-licensing net—essentially turning occasional private transactions into felonies punishable by a decade in federal prison. The DOJ wanted more time to review the incoming Trump administration’s stance, but the court said no dice, keeping the pedal to the metal on what could be a fast-track dismantling of this bureaucratic power grab.

This isn’t just procedural housekeeping; it’s a pivotal moment for the Second Amendment community. The rule, finalized amid ATF’s aggressive push to federalize gun sales, ignored longstanding precedents like the Supreme Court’s Abramski v. United States (2014), which distinguished private sales from commercial dealing, and it flouts the plain text of 18 U.S.C. § 921(a)(21)(C) requiring a predominant livelihood motive. By denying the delay—echoing the circuit’s earlier smackdown of ATF pistol brace rules—this ruling signals judicial impatience with executive branch gamesmanship. For gun owners, the implications are electric: a merits decision could come swiftly, potentially vacating the rule nationwide via the major questions doctrine (à la West Virginia v. EPA), shielding millions from unlicensed dealer status for grandma’s garage sale or that one-off trade at the range.

Pro-2A warriors should cheer this as momentum builds under a Trump DOJ poised to reel in ATF excesses. It’s a reminder that courts, not unelected bureaucrats, get the final say on constitutional rights—and with SCOTUS likely eyeing the fallout, this could ripple into broader victories against red-tape assaults on our firearms freedoms. Stay vigilant; the fight’s heating up.

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