DOJ Surrenders its Appeal in Fight Over ATF “Engaged in the Business” Rule
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FOR IMMEDIATE RELEASE
April 16, 2026
Springfield, VA — Gun Owners of America (GOA) and Gun Owners Foundation (GOF) are proud to announce a major win in our ongoing legal battle against the Bureau of Alcohol, Tobacco, Firearms, and Explosive’s (ATF) Biden-era “Engaged in the Business” rule. The Department of Justice (DOJ) has asked the Fifth Circuit to dismiss its appeal of the preliminary injunction GOA, Texas Attorney General Ken Paxton, Louisiana Attorney General Liz Murrill, Utah Attorney General Derek Brown, and Mississippi Attorney General Lynn Fitch obtained against ATF’s unconstitutional Biden-era “Engaged in the Business” rule.
This rule was just a backdoor scheme by President Biden “to move the U.S. as close to universal background checks as possible without additional legislation.” Under the rule, even a single private firearm sale could suddenly become a federal crime. And ATF inverted the ordinary judicial process, presuming gun owners guilty until proven innocent.
After the enormous pressure brought to bear by gun owners, DOJ is seeking a dismissal allowing the case to return to district court. Our preliminary injunction blocking the rule remains in effect, and GOA will pursue a final order permanently striking down Biden’s unconstitutional and unlawful regulation.
Erich Pratt, Senior Vice President of Gun Owners of America, issued the following statement:
“This move by DOJ is a massive step towards fulfilling President Trump’s campaign promise to gun owners to end this Biden rule. Biden’s criminalization of private gun sales was a naked attempt to infringe on the Second Amendment rights of millions of gun owners. GOA and GOF once gain have triumphed over ATF overreach.”
John Velleco, Executive Vice President of Gun Owners Foundation, issued the following statement:
“We are grateful that the Trump administration has abandon this Biden-era appeal. This sets the stage to protect the rights of millions against Biden’s anti-gun overreach. Future administrations should think twice before they reinterpret federal law to criminalize the Second Amendment like President Biden.”
GOA spokesmen are available for interviews. Gun Owners of America is a nonprofit grassroots lobbying organization dedicated to protecting the right to keep and bear arms without compromise. GOA represents over two million members and activists. For more information, visit GOA’s Press Center.
-GOA-
