# 2026-08919: ATF Backtracks: Fewer Folks Forced into Gun Dealer Status 2026-08919, Revising Regulations Defining “Engaged in the Business” as a Dealer in Firearms, is a Federal Register proposed rule from Justice Department, Alcohol, Tobacco, Firearms, and Explosives Bureau published 2026-05-06, effective Comments must be submitted in writing, and must be submitted on or before (or, if mailed, must be postmarked on or before) August 4, 2026. Commenters should be aware that the federal e-rulemaking portal comment system will not accept comments after midnight Eastern Time on the last day of the comment period.; PRIA reads it as touching household money (as of 2026-06-11). - Canonical: https://policyrisk.com/federal-register/2026-08919 - As of: 2026-06-11 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Document number: 2026-08919 - Title: Revising Regulations Defining “Engaged in the Business” as a Dealer in Firearms - Type: Proposed Rule - Agencies: Justice Department; Alcohol, Tobacco, Firearms, and Explosives Bureau - Citation: 91 FR 24424 - Published: 2026-05-06 - Effective: Comments must be submitted in writing, and must be submitted on or before (or, if mailed, must be postmarked on or before) August 4, 2026. Commenters should be aware that the federal e-rulemaking portal comment system will not accept comments after midnight Eastern Time on the last day of the comment period. - Comments close: 2026-08-04 - Significant: no - Touches household money: yes - Regulation identifier numbers: 1140-AB01 - Last updated: 2026-06-11 ## In one line ATF Backtracks: Fewer Folks Forced into Gun Dealer Status ## Summary The ATF is proposing to roll back some rules that made it easier to label someone a firearms dealer. This change affects people who buy and sell guns regularly and aims to clear up confusion from past regulations that didn’t work as planned. If you want to share your thoughts, you’ve got until August 4, 2026, to speak up! ## Abstract The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") is proposing to revise regulations implementing the "engaged in the business" definition from the Bipartisan Safer Communities Act ("BSCA"). Although Congress defined that term in BSCA, the Department of Justice ("Department") provided additional definitions in its implementing regulations to further define terms within the statutory definition and to include examples of covered activities that established rebuttable presumptions of being engaged in the business of dealing in firearms. This rule proposes to remove those changes. ATF has determined that the changes have not shown the expected impact on federal firearms licensee applications, administrative licensing actions, civil forfeitures, or other anticipated effects. ## Effects PRIA read - Removes Automatic Dealer Presumptions: benefit, high. ATF proposes to remove the rebuttable fact-pattern presumptions in 27 CFR 478.13(b)–(h) that could have presumed someone was a firearms dealer. The rule specifically deletes presumptions such as repetitive resale within 30 days of purchase or within one year for firearms that are new or the same ma… - Keeps ‘Predominantly Earn a Profit’ Standard: benefit, medium. ATF proposes to retain the statutory standard that the intent underlying a sale must be “predominantly one of obtaining pecuniary gain” and move that definition into 27 CFR 478.11. ATF also proposes a minor wording change clarifying that proof of profit is not required when sales were for criminal… - Broadens ‘Personal Collection’ Treatment: benefit, medium. ATF proposes to rescind the EIB rule's narrow definition of “personal collection” and to retain only the portion that addresses licensee personal collections. This means firearms held for noncommercial personal uses (for example, self-protection, hunting, target shooting, or collecting) would not b… - Eases Rules on Former Licensee Inventory: benefit, medium. ATF proposes to remove the regulatory definition of “former licensee inventory” and to delete sentences in 27 CFR 478.57 and 478.78 that effectively limited former licensees to selling such inventory only within 30 days after discontinuing business (or to occasional sales to licensees thereafter). - Keeps Auctioneer Estate Sale Exception: benefit, low. ATF proposes to retain the EIB rule’s auctioneer exception that says an auctioneer who only provides auction services on commission to liquidate firearms at an estate-type auction is not an engaged-in-the-business dealer, so long as the auctioneer does not purchase or take possession of firearms fo… ## Related documents - [2026-19694](https://policyrisk.com/federal-register/2026-19694): Annual Notices on Explosive Materials Storage Facilities to Local Fire Authority, 2026-09-25 - [2026-19693](https://policyrisk.com/federal-register/2026-19693): Implementing the Safe Explosives Act, 2026-09-25 - [2026-16981](https://policyrisk.com/federal-register/2026-16981): Application for Relief From Disabilities Imposed by Federal Laws With Respect to the Acquisition, Receipt, Transfer, Shipment, Transportati…, 2026-08-20 - [2026-13586](https://policyrisk.com/federal-register/2026-13586): Registering NFA Firearms That Fall Out of Government Contract, 2026-07-06 - [2026-09160](https://policyrisk.com/federal-register/2026-09160): Implementing PATRIOT Act Improvements: Contraband Cigarettes and Smokeless Tobacco, 2026-05-08 - [2026-09155](https://policyrisk.com/federal-register/2026-09155): Changes to National Firearms Act Tax Remittance Provisions, 2026-05-08 ## Sources - [2026-08919 on federalregister.gov](https://www.federalregister.gov/documents/2026/05/06/2026-08919/revising-regulations-defining-engaged-in-the-business-as-a-dealer-in-firearms) - [2026-08919 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-05-06/pdf/2026-08919.pdf) ## Related - [Previous: 2026-08918, Clarifying Exceptions to the Brady Act Background Check Requirement](https://policyrisk.com/federal-register/2026-08918) - [Next: 2026-08921, Adding Component Definitions Under the Arms Export Control Act](https://policyrisk.com/federal-register/2026-08921) - [All Federal Register documents](https://policyrisk.com/federal-register) Source: PRIA, https://policyrisk.com/federal-register/2026-08919 (as of 2026-06-11).