Committee Passes Resolution To Overturn ATF’s “Engaged In The Business” Rule

The U.S. House of Representatives Judiciary Committee has approved a Congressional Review Act (CRA) joint resolution of disapproval—a piece of legislation that would overturn the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) rule redefining who is “engaged in the business” of selling firearms.

HJR 144, introduced by U.S. Rep. Andrew Clyde, R-Georgia, was passed in the committee on September 19 by a 14-to-9 vote.

The measure, only one page in length, says simply: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, relating to ‘‘Definition of ‘Engaged in the Business’ as a Dealer in Firearms’’ and such rule shall have no force or effect.”

The ATF published the final rule back in April. In effect, outlaws  most private sales by changing the definition of who is “engaged in the business” of selling firearms. IN doing so, it muddies the water enough that many are afraid to buy or sell guns because they simply don’t know if it is legal anymore or not.

“I’m incredibly pleased that the House Judiciary Committee approved my measure to overturn the ATF’s disastrous rule,” Clyde said in a press release after the vote. “This lawless government overreach subjects law-abiding Americans to unconstitutional barriers—violating both the Second Amendment and Congress’ sole legislative authority. Ultimately, the goal of the Biden-Harris Administration’s universal background check rule is to create a nationwide firearms registry, which I’ve long warned will eventually lead to gun confiscation. It’s imperative that the House promptly passes my critical legislation to nullify the ATF’s rule in order to protect Americans’ Second Amendment liberties.”

Of course, the Final Rule has already run into some trouble in the courts, In May, the U.S. District Court for the Northern District of Texas approved a temporary restraining order on the Final Rule that states it may not be enforced against the individual plaintiff in the case, citizens of the of Texas, and members of Gun Owners of America, Gun Owners Foundation, the Tennessee Firearms Association and the Virginia Citizens Defense League.

“The Final Rule creates sets of presumptions indicating (1) “when a person has the intent to ‘predominantly earn a profit’” and (2) “that someone is ‘engaged in the business,’” Judge Matthew Kacsmaryk wrote in the ruling. “But these presumptions are highly problematic for at least two reasons. First, they flip the statute on its head by requiring that firearm owners prove innocence rather than the government prove guilt… Second, several presumptions conflict with the statutory text.”

House Judiciary Committee Chairman Jim Jordan helped shepherd the legislation through the committee and was also pleased with its passage.

“ATF’s ‘Engaged in the Business’ rule is the latest example of the Biden Administration ATF going after law-abiding Americans by making new laws without congressional authorization,” Jordan said. “The rule drastically expands the universe of Americans who would be classified as a ‘dealer’ under the federal law that requires some people to obtain a license to become a Federal Firearms Licensee (FFL). Representative Clyde’s Congressional Review Act will nullify the rule and prevent regulatory overreach by ATF, ensuring that existing laws that govern firearm sales are not expanded without proper legislative authorization.”