{"id":195602,"date":"2023-12-07T12:59:50","date_gmt":"2023-12-07T18:59:50","guid":{"rendered":"https:\/\/www.gunsamerica.com\/digest\/?p=195602"},"modified":"2023-12-07T12:59:56","modified_gmt":"2023-12-07T18:59:56","slug":"nssf-submits-comment-on-bidens-new-engaged-in-the-business-rule","status":"publish","type":"post","link":"https:\/\/gunsamerica.com\/digest\/nssf-submits-comment-on-bidens-new-engaged-in-the-business-rule\/","title":{"rendered":"NSSF Submits Comment on Biden’s New ‘Engaged in the Business’ Rule"},"content":{"rendered":"\n
\"A
Merrick Garland, Biden’s attorney general. <\/figcaption><\/figure>\n\n\n\n

<\/path><\/svg><\/span><\/span>Estimated reading time: <\/span>2<\/span> minutes<\/span><\/p>\n\n\n\n

The National Shooting Sports Foundation (NSSF), the firearms trade association, submitted a 28-page public comment letter against the Biden administration\u2019s proposed \u201cEngaged in the Business\u201d rule<\/a>. <\/p>\n\n\n\n

This rule aims to redefine individuals considered to be \u201cengaged in the business\u201d of selling firearms. It requires nearly any individual selling more than one firearm to obtain a federal firearms license (FFL). <\/p>\n\n\n\n

The rule also pushes the U.S. toward universal background checks, which Congress rejected.<\/p>\n\n\n\n

Lawrence G. Keane, NSSF\u2019s Senior Vice President and General Counsel, stated, \u201cRespectfully, ATF lacks legal authority to do so.\u201d<\/p>\n\n\n\n

\u201cThe Proposed Rule exceeds ATF\u2019s limited regulatory authority,\u201d the letter says. Congress, in the Gun Control Act of 1968, didn\u2019t make violating a regulation a crime. The Firearm Owner\u2019s Protection Act of 1986 further reduced ATF\u2019s power. Congress\u2019s specific regulations negate any broad power.<\/p>\n\n\n\n

Keane added, \u201cATF has no authority to \u2018improve\u2019 on what Congress enacted or to create new crimes not enacted by Congress. An agency may not re-write statutory terms or fill in what the agency considers to be \u2018gaps\u2019 or \u2018loopholes\u2019 in the statute.” <\/p>\n\n\n\n

SEE ALSO: Nationwide Halt on ATF\u2019s Pistol Brace Rule!<\/a><\/h2>\n\n\n\n

“The GCA is a criminal statute, and ATF\u2019s reading is not entitled to any deference. Given that the GCA is a criminal statute with the same meaning in a civil context, ATF may not create presumptions thereon for civil or administrative purposes,” he continued. <\/p>\n\n\n\n

NSSF warns ATF in their letter that the Proposed Rule could have detrimental unintended consequences. It would increase licensees significantly, divert ATF resources, and distract from criminal investigations. <\/p>\n\n\n\n

It could also harm both the legitimate firearm industry and ATF operations.<\/p>\n\n\n\n

NSSF criticizes the Biden administration for enacting Final Rules that bypass Congress, creating criminal law through Executive overreach. <\/p>\n\n\n\n

This includes ATF\u2019s Final Rules on Frames, Receivers<\/a>, and Stabilizing Pistol Braces<\/a>. U.S. Courts of Appeal are currently scrutinizing these rules.<\/p>\n\n\n\n

The public comment period concluded<\/a> on December 7, 2023. Should the ‘Engaged in the Business’ rule be adopted by ATF, lawsuits are likely to ensue as we saw with the pistol brace and frames & recievers rules. <\/p>\n\n\n\n