Safe to Sell Again?
- Graham Baates

- Apr 22
- 3 min read

The Gun Owners of America have helped defeat a Biden-era rule that allowed the ATF to go after private individuals for enjoying as firearm and then selling it. The Safer Communities Act put hobbyists and journalists alike at risk if frequently bought and sold firearms, or if they didn't own the firearms for an extended period of time before selling them. The SCA also threatened grieving family members who are left trying to liquidate the collection of a loved one who had passed.
Thanks to the GOA the "engaged in the business" portion is gone, which means the ATF can no longer pursue people who they deem are buying and selling firearms too often or in too high of a volume. To pull specifically from the act:
"Lists the types of commercial activity indicating that a person must become a licensed dealer and run background checks, absent evidence showing they are in fact not engaged in the business of firearms dealing. For example, if a person is repetitively selling guns of the same or similar make and model within one year of their purchase, they are supposed to become a licensed dealer. If a person repetitively sells firearms within thirty days of purchasing those firearms, or selling firearms and tells potential buyers that they can acquire additional firearms for that buyer to purchase, the seller is supposed to become a licensed dealer."
Note the un-American "absent evidence showing they are in fact not engaged..."Whereas in the United States we are supposed to be innocent until proven guilty, the SCA requires proof of evidence. You can read more of the SCA for yourself HERE.
I learned news of GOA's victory via TheOutdoorWire's announcement which you can read HERE. The original post is below as a press release from GOA.
"DOJ Surrenders its Appeal in Fight Over ATF "Engaged in the Business" Rule
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 his 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."






For what it is worth, I used to be a member of GOA. Then the head Honcho, I forget names, wrote an editorial in their regular flyer that after the George Floyd protests in 2020, Minneapolis Minnesota, and Portland Oregon (my home,) had been BURNED TO THE GROUND "by Antifa." I wrote him a long email and pointed out that this was totally untrue and that he ought to print a retraction if he was an honorable person. The famous television vids from Portland were of TWO DIFFERENT DUMPSTERS full of flaming construction debris shot from multiple cameras placed on the pavement and aimed upward. He definitively received that email, but never mentioned it in print or replied to …