WASHINGTON, DC (December 13, 2023) – Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) announced the submittal of its comments in opposition to the ATF’s proposed “Engaged in the Business” rule, which would expand the circumstances in which private gun sales require background checks. The comments can be viewed at FPCLegal.org.

“In present form the Proposed Rule fails to account for the clear charge of Congress and, instead, greatly expands ATF’s regulatory reach—while bearing criminal implications,” argues the comments. “More, the Proposed Rule unlawfully mandates different interpretations in civil and criminal case, foolishly imposes restrictions on personal arms possessed at an FFL’s location, fails to consider important sources, unconstitutionally prohibits anonymous comments, and fails to include a federalism summary impact statement. As a result, ATF must either abandon the current rulemaking or, at minimum, undergo significant revision of the Proposed Rule and allow for additional public review and comment.”

“This is yet another attempt by the Biden Administration to expand ATF’s power and realize its gun control dreams through a federal rulemaking,” said FPCAF’s General Counsel and Vice President Cody J. Wisniewski, counsel for FPC and FPCAF here. “ATF's rule, as written, would prohibit nearly every private sale of firearms in the Nation, and those that are not prohibited would likely never know because of the vague and discretionary nature of the Rule. ATF does not have the power to enact law, although that is what it is attempting to do through yet another doomed rulemaking.”

Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.

FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs.