The Department of Justice (DOJ) last week surprised Second Amendment supporters when the agency resumed fighting for the Biden-era “engaged in the business” rule aimed at ensnaring gun buyers and sellers in bureaucratic red tape.
The DOJ initially asked the 5th Circuit to dismiss its defense after the Court of Appeals in June 2026 granted a preliminary injunction in Texas v. ATF. This challenged the new protocols and was spearheaded by Gun Owners of America (GOA).
That was then; this is now. On Oct. 9, the government filed a notice of appeal. This course reversal demanded an explanation, and something that tried to pass for one was provided.
DOJ believes parts of the controversial rule are viable
ATF Director Robert Cekada told News2A that the strategy to “keep what works” led to the DOJ’s appeal.
“Our proposal removes the Biden administration’s added presumptions and regulatory overreach, replacing them with the definition Congress enacted,” Cekada said. “The government should carry the burden of proving that someone is unlawfully engaged in the business.”
The director claimed that the vestiges of the previous administration’s gun control will “provide practical clarity.”
Appeals Court described final rule as ‘regulatory power grab’
GOA disagreed. In an X post, the gun rights group declared that “DOJ is fighting to preserve every part of Biden’s rule–even though President Trump promised to ‘rip it up and throw it out on day one.’”
Cekada took issue with the GOA’s position, posting a quick response.
“We agree: Biden’s attempt to impose universal background checks was unlawful. That’s why we proposed repealing it,” he explained. “The Judge ALSO threw out unrelated provisions that help the firearms industry, including definitions of “purchase” and “sale.”
This confusion stems from the previous White House directing the ATF to redefine “engaged in the business.” The new final rule, which the federal government began enforcing in May 2024, potentially ensnared gun owners who sold even one firearm to another private individual.
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