DOJ Drops Defense of ATF's Overreaching FFL Rule

In a motion filed this week, DOJ moved to dismiss Texas v. ATF, the landmark lawsuit challenging the bureau's expansive 'engaged in the business' rule. Translation: the feds no longer defend a regulation that threatened to turn ordinary Americans into felons for selling a handful of guns.

The ATF rule dramatically expanded who must obtain a federal firearms license to sell guns. Under the Biden-era interpretation, even occasional private sellers at gun shows or online could be reclassified as unlicensed dealers — a federal crime carrying up to five years in prison.

Texas, joined by multiple gun rights organizations, sued to block the rule as unconstitutional overreach. They argued the ATF rewrote federal law without congressional authorization.

Acting Attorney General Todd Blanche's DOJ has now pulled the plug on defending it.

This is how regulatory tyranny dies — not with a bang, but with a quiet motion to dismiss when the adults take charge.

The original rule was sold as targeting 'criminal traffickers,' but the real target was lawful private sales. Cross the ATF's arbitrary line while selling rifles from your personal collection? Congratulations — you're a felon.

Gun Owners of America, which joined the Texas lawsuit, called the dismissal 'a massive victory for the Second Amendment and the rule of law.'

They're right. But gun owners shouldn't get comfortable.

The ATF still has a long history of creative rule-making designed to criminalize lawful behavior — the pistol brace rule, the frame and receiver rule, the list goes on. Each one an attempt to do through regulation what Congress refused to do through legislation.

Elections have consequences, lawsuits matter, and the ATF's days of unchecked power may finally be numbered.

Stay vigilant. The fight isn't over — it's just getting started.