God bless the Firearms Policy Coalition, which has more than supplanted the work the National Rifle Association used to do when it comes to legally challenging extra-legal government over-reach.   FPC was one of the primary groups that attacked ATF’s previous efforts in their area relating to pistol support braces.  Unfortunately, beating back this legislating-through-rulemaking takes a year or two.  From FPC:

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 InstagramTwitterFacebookYouTube.


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.

4 thoughts on “Firearm Policy Coalition goes after ATF’s latest attempt to legislate through rulemaking… ‘Engaged in the Business’ rules”
  1. If you call for the ATF to be abolished because they’re an activist agency and you have receipts you’ll get wide support in the 2A community. If you call the New Mexico state police Governor Grisham’s storm troopers you’ll get wide support in the 2A community. If you call for the Illinois State Police to be abolished because they’re an activist agency and you have receipts or call them Brownshirts and storm troopers you get labeled as “anti-cop” in much of the 2A community.
    Battered Wife Syndrome much?

    1. I would not say the ISP is an activist agency. The leadership and management is definitely political hack. ISP did not draft the bill or sign it. ISP is charged with the ability to change certain details. The rules hearings were disasters that is because ISP is not the ones actually making the rules and ISP also knows this statute will eventually be declared unconstitutional. The organization is not investing time and resource. In the retail gun business in contact with the ISP FFL inspectors I can tell you this IS the case. I don’t know anyone in my 2A circles who would label you anti-cop for expressing your opinion. In fact most in my circle will tell you not to trust any government official in this matter and implore you to realize the police are not your friend.

    2. Not by me. ISP abrogated their responsibility the second they didn’t tell Pritzker to go fuck himself over PICA, like the vast majority of sheriffs and states’ attorneys did statewide. They are complicit in violating the USC, and are as treasonous as the most vile Democrat anywhere. They swore an oath, and are officially ignoring it to save their precious jobs/pensions.

      Sometimes, you have to step up. If you didn’t want to make the difficult decision, you should never have swore the oath in the first place. Words used to mean things.

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