Federal Judge Issues Stay on ATF Rule Restricting Private Gun Sales

Published on May 20, 2024

Texas Attorney General Ken Paxton secured a temporary restraining order in a case against a Biden administration rule that would affect American citizens who engage in the private sale of guns. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has the authority to administer and enforce the Gun Control Act of 1968, which makes it unlawful for any individual other than a licensed dealer to engage in the business of dealing in firearms until they have received a license from the ATF. In 1986, the definition of “engaged in the business” was modified in the law to mean an individual who devotes his time and attention to dealing in firearms as a regular course of business “with the principal objective of livelihood and profit” through such activities....