On Tuesday, the United States Court of Appeals for the Fifth Circuit issued a significant order in a high-profile Second Amendment lawsuit, denying the Department of Justice’s (DOJ) request to delay proceedings further. The case, stemming from the Northern District of Texas, pits several states and Gun Owners of America against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) over a controversial Biden-era rule redefining who qualifies as “engaged in the business” of dealing firearms.
The court’s one-page order bluntly stated: “IT IS ORDERED that Appellants’ opposed motion to extend the stay of proceedings in this case for 60 days, or to and including February 20, 2026, is DENIED.” This decision, celebrated by gun rights advocates, rejects the DOJ’s attempt to prolong a nearly year-long delay and could accelerate a ruling on the merits of the ATF rule.
The rule in question stems from the John Cornyn (R-TX) Bipartisan Safer Communities Act (BSCA) of 2022, which amended the Gun Control Act (GCA) to broaden the definition of a firearms dealer. Prior to the BSCA, individuals could occasionally sell firearms from their personal collections without a Federal Firearms License (FFL). The ATF’s final rule, published in April 2024, expanded this by presuming that anyone selling firearms “predominantly to earn a profit” is “engaged in the business,” even without a minimum number of sales.
Click the link to read the whole article: Fifth Circuit Rejects DOJ Delay
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