Revising Regulations Defining “Engaged in the Business” as a Dealer in Firearms
Key claim: ATF proposes to remove its additional regulatory definitions and rebuttable presumptions implementing the ‘engaged in the business’ dealer standard under the Bipartisan Safer Communities Act, citing lack of demonstrated impact on licensing applications, administrative actions, or civil forfeitures.
Abstract
(Proposed Rule · Justice Department, Alcohol, Tobacco, Firearms, and Explosives Bureau) The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is proposing to revise regulations implementing the “engaged in the business” definition from the Bipartisan Safer Communities Act (“BSCA”). Although Congress defined that term in BSCA, the Department of Justice (“Department”) provided additional definitions in its implementing regulations to further define terms within the statutory definition and to include examples of covered activities that established rebuttable presumptions of being engaged in the business of dealing in firearms. This rule proposes to remove those changes. ATF has determined that the changes have not shown the expected impact on federal firearms licensee applications, administrative licensing actions, civil forfeitures, or other anticipated effects.
Why this matters
The ‘engaged in the business’ threshold determines when a private firearms seller must obtain a federal dealer license and run background checks on buyers — a central mechanism for closing the so-called private-sale loophole under the Bipartisan Safer Communities Act. Removing the regulatory definitions and rebuttable presumptions returns interpretive discretion to case-by-case adjudication and may reduce the number of high-volume private sellers pulled into the licensed-dealer system, with implications for background-check coverage. Supporters view the rollback as restoring fidelity to the statute and protecting hobbyist sellers; critics argue it weakens a key BSCA gun-safety enforcement tool.