Decisions by decision, the Trump47 Administration is sweeping away un-American Biden regulatory overreach. A lot of us may be frustrated by the pace of change, with things that should have been overturned in 2025 still lingering on into this year. But the aircraft carrier of state can take quite a while to turn.
Case in point: A Biden-era ATF proposal to make ordinary American citizens register as gun dealers if they want to sell a single gun, a rule the Department of Justice finally stopped trying to defend.
Attorney General Ken Paxton is touting a major win for gun owners after the Trump Department of Justice backed off defending a Biden-era rule that targeted private firearm sales. The move leaves in place a court injunction that blocks enforcement of the regulation in Texas and other plaintiff states while litigation continues.
The Bureau of Alcohol, Tobacco, Firearms and Explosives’ “engaged in the business” rule—pushed under the Biden administration—sought to dramatically expand who counts as a “dealer” under federal law.
By redefining the term, the rule would have forced many ordinary gun owners who occasionally sell firearms to obtain a federal license and run background checks or risk civil and criminal penalties.
Second Amendment advocates and multiple states argued the rule effectively created back-door universal background checks, criminalizing private, non-commercial transactions that Congress has historically protected. They also warned that the policy flipped the presumption of innocence, presuming gun owners were “engaged in the business” unless they could prove otherwise.
In May 2024, Paxton led a multistate coalition suing the Biden administration and ATF over the rule, arguing it exceeded the agency’s authority and violated the Second Amendment.
Soon after, a federal judge issued a temporary restraining order, followed by a preliminary injunction blocking enforcement of the regulation against Texas and other plaintiffs.
The court found the rule likely unlawful, noting that it shifted the burden onto gun owners to “prove innocence rather than the government prove guilt” and could penalize conduct that had been legal just days before.
Paxton framed the injunction as a key protection for law-abiding citizens engaged in traditional private sales, saying the rule “would criminalize the private sale of guns” and undermine core Second Amendment rights.
In a significant development this month, the U.S. Department of Justice asked the Fifth Circuit Court of Appeals to dismiss its own appeal of the injunction in the case known as Texas v. ATF. That retreat effectively cements the existing protections for gun owners in the plaintiff states, leaving the Biden-era rule sidelined while the underlying lawsuit proceeds.
“This is exactly what happens when the federal government’s gun control schemes are dragged into the light,” said Chris McNutt, president of Texas Gun Rights. “They collapse. This rule was never about public safety, it was about building a system to monitor and control lawful gun owners. And now the DOJ knows it can’t defend it.”
Gun Owners of America, a co-plaintiff with Texas, called the DOJ’s move a “surrender” that leaves the ATF rule politically and legally isolated in federal court. With the current administration no longer actively defending the regulation on appeal, Paxton and other plaintiffs now have a clearer path to seek broader relief, including a nationwide injunction or full vacatur of the rule.
Paxton is crediting the change in course to President Donald Trump’s new administration, which has moved to abandon the Biden-era position and drop the appeal.
Trying to force lawful gun owners who sell a single gun to register as dealers is a clear abuse of power and an attempt to ensnare law-abiding citizens in an oppressive regulatory nightmare to further Democrats’ anti-Second Amendment schemes.
I’m glad the Trump Administration finally stopped defending this rule, but it should have been one of the first gun regulations Trump47 addressed. I chalk the delay up to the fact that ATF has only had acting directors (the overtasked Kash Patel, then Daniel P. Driscoll) rather than a full-time confirmed director, as only yesterday did Trump ATF director pick Robert Cekada clear senate cloture.
Maybe with a new head, Trump’s ATF can finally start sweeping away the rest of Biden’s regulatory overreach.
(Previously.)