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Joint Resolution Seeks To Block Biden’s “Engaged In The Business” Rule

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John Cornyn
U.S. Sen. John Cornyn, R-Texas (AP Photo/Jacquelyn Martin)

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A joint resolution of disapproval introduced on Wednesday in the U.S. Senate seeks to block the Biden Administration’s Final Rule that outlaws  most private sales by changing the definition of who is “engaged in the business” of selling firearms.

The measure was introduced by Texas Sen. John Cornyn, North Carolina Sen. Thom Tillis and 43 other Senate Republicans. According to the sponsors, the Final Rule violates the Constitution in trying to require anyone who sells a firearm to register as a federal firearm licensee. 

“This rule is proof that the Biden administration is a dishonest broker, and Congress must hold it accountable for its actions in favor of its gun-grabbing liberal base over the Constitutional rights of law-abiding Americans,” Sen. Cornyn said in a press release announcing the legislation. “We will fight this lawless rule tooth and nail to ensure the God-given right to keep and bear arms is preserved and this flagrant distortion of congressional intent of our landmark mental health and school safety law is struck down.”

Sen. Tillis is equally concerned, calling the Final Rule “outrageous” and an “overreach.”

“It is outrageous that the Biden Administration decided to take a good faith effort to curb the mental health crisis across our country and turn it into an unconstitutional attempt to restrict firearms from law-abiding American citizens,” Rep. Tillis said. “This overreach is exactly why Republicans don’t trust this Administration, and it will set back any attempt on future bipartisan legislation as long as President Biden is in office. I encourage my colleagues to support this CRA we introduced and immediately overturn this ridiculous regulation.” 

Calling the Final Rule an attempt by the Biden Administration to force “universal” background checks when Congress won’t pass such a measure, the National Shooting Sports Foundation (NSSF) has announced that it strongly supports the resolution.

“The rule ignores Congress’ requirements left unchanged by the Bipartisan Safer Communities Act (BSCA) that a dealer is one who devotes time, attention and labor to dealing in firearms as a regular course of trade or business through the repetitive purchase and resale of firearms,” Lawrence G. Keane, NSSF senior vice president and general counsel said. “All Congress changed was that the conduct need not be for purpose of earning a livelihood, just that it is predominantly to earn a profit. The Biden administration has repeatedly shown its willingness to run roughshod over the Constitution to attack the fundamental rights of law-abiding citizens to keep and bear arms.”

Georgia Rep. Andrew Clyde is leading the effort to pass the resolution in the U.S. House of Representatives.

“The ATF’s ‘engaged in the business’ rule represents President Biden’s latest attempt to institute universal background checks, advance the Left’s radical gun control agenda and infringe on Americans’ Second Amendment rights,” Rep. Clyde said. “Private citizens simply shouldn’t be forced to jump through unelected, anti-gun bureaucrats’ unconstitutional hurdles to engage in lawful firearms transactions. I look forward to leading this critical CRA in the House, and I urge my colleagues in both chambers to support our measure to stop the Biden Administration’s tyranny in its tracks.”

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