Donald Trump issued an Executive Order (EO) instructing the Department of Justice (DOJ) to review any case that might affect the Second Amendment. One such case was a lawsuit filed by Gun Owners of America (GOA) challenging the ATF “engaged in the business” rule, which requires almost anyone selling a gun to get a federal firearms license (FFL).
During the Joe Biden presidential administration, Democrats pushed for universal background checks (UBCs) for all gun transfers. The resistance prevented such a law from being passed in Congress. Because of the repeated failures, the executive branch ordered the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to redefine what it means to be a gun dealer. The White House and the ATF claimed they could make the changes because of the John Cornyn (R-TX) and Chris Murphy (D-CT) master minded Bipartisan Safer Communities Act (BSCA).
The new rule states that if a person makes money from the sale of a firearm, they must have an FFL. Moreover, if they used a spreadsheet or other tracking software to keep track of their guns, they would also require an FFL to transfer a firearm. If someone sold a gun to help pay for rent, they would need an FFL. Selling as little as a single gun could make someone a gun dealer. The idea was to squeeze as many potential transfers as possible under the new rule. Many gun rights activists viewed the ATF rule as backdoor universal background checks, essentially side-stepping Congress to make a de facto law.
After the rule was unveiled, Gun Owners of America, the Virginia Citizens Defense League (VCDL), the Tennessee Firearms Association (TFA), and the state of Texas sued in a Texas Federal District Court to block the implementation of the law. A District Court judge granted a preliminary injunction for the lawsuit members, including all members of the plaintiffs’ organizations. The DOJ requested a pause in the case to review potential Second Amendment implications. Many saw this as a positive step, thinking that the DOJ would drop its defense.
Now we know the result of the pause. The DOJ is prepared to defend the ATF’s “engaged in the business” rule despite the President’s executive order on Second Amendment cases. The Justice Department did not modify its defense; instead, it chose to defend all the original arguments laid down by the Biden-era DOJ.
Instead of being more Second Amendment-friendly, Attorney General Pam Bondi’s department seems to have doubled down on an anti-gun regime’s reasoning. Many gun owners who showed up to vote for President Trump are disappointed in the DOJ’s actions.
Judge says @AGPamBondi “asked this court to reject [2A] claims” against Biden’s Engaged in the Business Rule.
“And [anti-gun] States concede that [Bondi will] protect their interests as long as [DOJ is] ‘defending [Biden’s] Final Rule.’ [Bondi] ha[s] done just that.” https://t.co/gZWBYqFBvE
— Gun Owners of America (@GunOwners) September 25, 2025
GOA was also disappointed in the actions of the DOJ. Instead of keeping its promise of defending the Second Amendment rights of the people, the DOJ is operating business as usual, which many see as a weaponization of government against law-abiding Americans’ right to keep and bear arms.
“Gun Owners of America is disappointed that the Department of Justice is choosing to fight Second Amendment advocates in court. Gun owners need Pam Bondi to de-weaponize ATF and look for permanent solutions to prevent these egregious attacks on our rights–such as backdoor universal background checks–from ever happening again.” – Erich Pratt, Senior Vice President, GOA.
Ammoland News reached out to the DOJ and the White House for comment, but our request has not been returned by the time of writing.
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About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
I am convinced that Pam Bondi will do nothing for our 2nd amendment rights. The woman still uses the terms “gun violence” and “assault weapons.” Everyone here knows that anyone with that ignorant vocabulary can never be on our side.
If she was serious about protecting our God given rights she would have invited industry stakeholders to join the so called Second Amendment Task Force.
I have said “no” to Pam Bondi before she was even in office! She is the one who demanded prosecution of George Zimmerman. He was innocent, his local police said so, but she forced prosecution and put him through a $1 million defense. Of course, everyone laughed at the prosecutors and their witnesses, but the damage was already done.
What about the part in the 2A that says, “Shall not be infringed?” They can’t constitutionally get around that. They can’t legally get around that. That is treason against the oath they swore to the people, the nation and the constitution. Do you need a license to sell your car, truck, toaster, lawn mower, tool box full of tools, house, land, motorcycle, horse, dog etc?
Arm up and carry on
“Oh just give her (and Trump) time. Give them a chance. Nobody has a right to question or criticize this early in the game. Maybe in early January of 2029, but certainly not now. It is just too early. Besides, he has told us more things we wanted to hear than any President in the last hundred years has. Kind words mean so much, even if the deeds do not match up.”
(sarcasm)
So, if I buy a non-running car for a grand, repair it & clean it up, then turn around and sell it for 2 grand after driving it for a year, does that mean I need a Dealer’s License? Am I “engaged” in the used car business? If I collect beer cans and buy 3 Altes cone-tops in a package deal, keep the best one for my collection and sell the other 2 individually for more, total, than I originally paid for the trio, am I running a “hobby shop”? If you can’t substitute any other item for “gun” in… Read more »
F
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WooooH000000…….wholesale guns for all. After having had a FFL for 21 years buyin’ retail sure sucks. Let’s overwhelm the ATF Fudds with everyone applying for a FFL. Imagine 100,000,000 FFL gun dealers.
If the Bondi DOJ will continue to bypass Congress, I will vontinue to bypass Pammy.
This rule does not apply to me.
Furthermore, in a hot tub full of cherry Jello, Pam Poovey would kick Pam Bondi’s ass.
Trump and the GOP as a whole are doing everything they can to lose the midterms. Stunts like this, plus the total in-action on other 2A issues, and a whole host of non 2A issues Trump’s blown it on is going to give major wins to Dems in 2026, and very likely 2028.
Trump could do seven things, today, to advance our cause while Constitutionally bypassing Congress. But he hasn’t. And the alleged pro 2A groups refuse to throw their weight at him to do so.
https://2awhiterook.com/trump-2a-bypassing-congress/
The entire doj from top to bottom is a cesspool of leftist marxist communist democrats because that is what the law schools are filled with. You would have to replace every single employee with a Real Conservative to actually get any changes.