Photo by At3Tactical
Dear MSSA Friends,People have been asking me what the new BATFE regulation redefining
“engaged in business” of selling firearms means and who it may apply to.

I have reviewed several opinions by lawyers about this new Rule.  While
there is broad disagreement about specifics, most agree that the Rule is
very fuzzy and subject to broad interpretation by the BATFE.  That is,
it can be applied however broadly the BATFE wishes to apply it, so most
legal opinions say.

There have already been several lawsuits filed in federal court to
challenge this Rule, because of vagueness, because of unintended
consequences, because it exceeds BATFE authority under law, because of
unconstitutionality, and more.  Those include one by Montana AG Austin
Knudsen and 20-something other AGs.

Meanwhile, I wrote a letter to the BATFE asking questions about how this
new Rule might be applied.  I have posted the text of my letter and the
BATFE response at:

The dust has not even begun to settle on this new Rule and questions
about it.  That’s about all that can be said at this point.

By office