The Biden Administration tried to change the definition of "engaged in the business" with respect to requiring a seller to have an Federal Firearms License (FFL). The old definition required that you be engaged in regularly selling of guns to make a profit. This definition I believe was because of some 1990s cases where collectors sold one high-end collector shotgun and were prosecuted.
Biden wanted a definition so wide that someone who bought a gun for $150 in 1990 could be prosecuted for selling it today for $250. (Inflation and all.)
Now the reason for this is that at a gun show, you may a gun walking around with a shotgun or rifle in a backpack with a for sale sign. I went to the Big Reno Gun Show some years ago where someone who probably a BATF undercover agent had what was apparently an M3 submachine gun "that I found in my father's attic" for sale. Yes, I have always wanted one and no, I did not inquire about the price.
There are people at gun shows who are FFLs selling guns at retail. All the background checks and paperwork must be completed. There are also people who ask no questions and are likely breaking the law under the old definition. They get prosecuted. This one in Boise. Some not even at gun shows, like these guys selling to Chicago street thugs.
A federal judge ruled in our favor. 4/16/26 AmmoLand:
U.S. District Court Judge Corey L. Maze of the Northern District of Alabama has issued an order staying further proceedings in a challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) 2024 Final Rule on the definition of “engaged in the business” of dealing in firearms. The stay will remain in effect until the United States Senate completes its vote on the nomination of Robert Cekada to serve as the permanent Director of the ATF. The judge did not disclose his reasoning on the docket, but did reference an April 7, 2026, telephone conference.
The docket entry reads: For the reasons stated during the April 7, 2026, telephone status conference, the court STAYS this case. The court ORDERS the parties to file a joint status report within 14 days of the United States Senate’s vote on the nomination of Robert Cekada to serve as ATF Director.
The underlying case, Butler v. Bondi (formerly Butler v. Garland), was brought by Alabama gun collectors Don Butler and David Glidewell, along with the National Rifle Association (NRA), against the ATF and DOJ. This was one of many cases against the rule. In September of last year. Judge Maze ruled the ATF exceeded its authority when issuing an expansive rule about when private individuals need a Federal Firearms License (FFL) to buy and sell guns. The court permanently enjoined enforcement of key parts of the rule against the plaintiffs and NRA members nationwide.
That ruling was widely celebrated by gun rights advocates as a check on regulatory overreach following the John Coryn-led Bipartisan Safer Communities Act of 2022. The ATF’s Final Rule had created presumptions that could classify occasional sellers, those who advertise online, or frequent gun shows, as unlicensed dealers. This classification would subject these hobbyists to background checks, record-keeping, and potential criminal penalties.
Despite the plaintiffs’ victory in the courts, the case now sits in procedural limbo. The stay order came without explanation from the judge, triggering speculation amongst legal observers that the judge is allowing time for potential policy alterations at the ATF under new leadership. A phone call was referenced on the docket that could have given the parties in the case more information than available to the public.
Robert Cekada is currently serving as ATF Deputy Director. He was nominated by President Trump in late 2025 to lead the agency on a permanent basis. A career law enforcement veteran with over 30 years of experience, including more than two decades at ATF in field and headquarters roles, Cekada has been described by his supporters as a steady hand focused on enforcing existing laws against violent criminals and traffickers rather than targeting law-abiding collectors and hobbyists. This viewpoint would be a welcome change from Biden-era ATF Director Steve Dettelbach.
