A Texas judge granted an injunction Tuesday against a new Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule that changes the definition of a “firearms dealer.”
The ATF rule broadens the definition of “engaged in business” to extend beyond merely a “gunsmith or pawnbroker.” Trump-appointed federal Judge Matthew Kacsmaryk ruled that the plaintiffs had met the legal standards to be granted an injunction until the lawsuit is resolved.
Kacsmaryk held that the rule would criminalize the plaintiff’s conduct that the Bipartisan Safer Communities Act (BSCA) guidelines allow, a law passed in 2021 that expanded gun control.
“[The Plaintiffs] cannot engage in lawful, noncommercial conduct without fear of prosecution. They cannot collect firearms for personal defense while enjoying statutory protection. Nor can they dispose of firearms from their personal collections for fear of being presumed ‘engaged in the business,’” Kacsmaryk said.
The law would potentially criminalize private gun sales, according to a statement by Gun Owners Association President Erich Pratt made in May.