DOJ Reverses Course on Defending Biden’s ‘Engaged in the Business’ Rule for Gun Sales

Gun Owners of America is celebrating a win in the Fifth Circuit Court of Appeals after the Department of Justice abruptly reversed course in a lawsuit challenging the ATF’s expanded definition of who is “engaged in the business” of dealing firearms that was put into effect under the Biden administration and then-ATF Director Steve Dettelbach.

The rule was explicitly designed to get as close as possible to “universal” background checks without a new law being passed by Congress, and treated the vast majority of private, person-to-person sales as those that should be conducted by a federally licensed firearms dealer. The attorneys general of Texas, Louisiana, Mississippi, and Utah, along with GOA, the Virginia Citizens Defense League, and Tennessee Firearms Association filed a lawsuit to block the law from being enforced, and a district court granted a preliminary injunction barring enforcement against the plaintiffs in June, 2024.

Biden’s DOJ appealed that decision, though, and the Trump administration continued to defend the rule even as officials said that virtually every one of Biden’s executive actions on firearms were in the process of being undone.

On Thursday, however, the DOJ filed a request with the Fifth Circuit to voluntarily dismiss its appeal with the plaintiffs’ consent. In their request, the DOJ’s attorneys said the Bureau of Alcohol, Tobacco, Firearms, and Explosives “plans to revisit” the rule and “revis[e] the guidelines for determining who is considered ‘engaged in the business’ of selling firearms.”

The DOJ also informed the court (and the rest ofus) that a notice of proposed rulemaking addressing the “engaged in the business rule” is “forthcoming”, and that in light of the proposed rule on the horizon the government “has determined that it is not appropriate to continue this appeal.”

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Kentucky Legislature Overrides Governor’s Vetoes on Two Pro-Second Amendment Bills

Key Takeaways

  • Kentucky General Assembly overrode Governor Beshear’s vetoes on two pro-Second Amendment bills, restoring liability protections and enabling concealed carry for adults aged 18-20.
  • House Bill 78, the PLCAA Clarification Act, protects the firearms industry from civil lawsuits linked to criminal misuse of their products.
  • House Bill 312 allows provisional concealed carry licenses for adults between 18 and 20, who can later apply for standard licenses.
  • Supporters argue that the veto overrides affirm constitutional rights and combat unjust age discrimination in carrying firearms.
  • The legislation signals to anti-rights advocates the need to stop blaming the firearms industry for crimes.

FRANKFORT, KY — The Kentucky General Assembly voted to override Governor Andy Beshear’s vetoes of two pro-Second Amendment bills this week, restoring liability protections for the firearms industry and opening a path for law-abiding adults between the ages of 18 and 20 to carry concealed.

The two bills — House Bill 78 and House Bill 312 — had each passed with wide legislative support before the Democratic governor sent them back. Kentucky lawmakers returned to Frankfort and voted to override both.

HB 78: Protecting the Firearms Industry from Frivolous Lawsuits

House Bill 78, known as the Protection of Lawful Commerce in Arms (PLCAA) Clarification Act of 2026, establishes legal protections for firearm and ammunition manufacturers, distributors, and retailers against civil lawsuits arising from the criminal or unlawful misuse of their products. The bill builds on protections already provided by the federal PLCAA, which some courts have failed to apply as Congress intended.

Kentucky’s House of Representatives voted 80 to 19 to override the veto. The Senate voted 31 to 6.

State-level PLCAA measures have become increasingly necessary. A number of antigun states have enacted laws designed to circumvent the federal PLCAA and allow the very sort of frivolous lawsuits the federal law bars. The NSSF has described this coordinated effort as a wave of lawfare aimed at financially crippling the firearms industry.

NSSF Senior Vice President and General Counsel Lawrence G. Keane addressed the governor’s reasoning directly. “Governor Beshear acknowledged when he vetoed this bill that this legislation would prevent frivolous and harassing lawsuits for violence committed by criminals,” Keane said. He added that Beshear chose to side with gun control special interest groups that want to use the courts to accomplish what they cannot accomplish through legislation.

Keane put the issue plainly. “Members of the firearm industry are no more responsible for the actions of criminals than Kentucky’s bourbon distillers are responsible for drunk driving deaths,” he said.

HB 312: Concealed Carry Licenses for Adults Ages 18 to 20

House Bill 312 authorizes the Kentucky State Police to issue provisional concealed carry licenses to adults between the ages of 18 and 20. Those who receive a provisional license can later apply for a standard license through their county sheriff or through the KSP online system. The bill passed both chambers before Gov. Beshear vetoed it.

CCRKBA Chairman Alan Gottlieb said the governor was practicing age discrimination by denying full rights of citizenship to young adults who can serve in the military, start businesses, get married, and run for office.

The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) had called on the legislature to act after the veto. “We are both delighted and proud of the Kentucky legislators who returned to Frankfort for these important votes,” Gottlieb said.

What This Means

Gottlieb said the Kentucky override should be seen as a signal to anti-rights advocates to stop blaming an entire lawful industry for the country’s violent crime problem and to stop restricting the rights of an entire age class.

The Second Amendment is a fundamental civil right. It does not begin at age 21, and it does not end because a criminal misused a product. Kentucky’s legislature affirmed both of those principles this week. The firearms industry can do business without being punished for crimes it did not commit, and law-abiding young adults in Kentucky can now pursue their right to carry for personal protection.

Former Virginia Lt. Gov. Justin Fairfax kills wife and then himself, police say

Virginia’s former Lt. Gov. Justin Fairfax fatally shot his wife and himself inside their home overnight, according to local police.

Fairfax County Police Chief Kevin Davis said at a news conference Thursday morning that their teenage children were at the house in Annandale, Virginia, just outside of Washington, D.C., when the shootings occurred.

“Former Lt. Gov. Justin Fairfax shot and killed his wife inside of their home and then shot and killed himself,” Davis said, adding that their older son called 911 just after midnight.

Davis described the incident as the result of a “domestic dispute surrounding what seems to be a complicated or messy divorce.”

Police are in the preliminary stage of the investigation, but Davis said that Fairfax was recently served paperwork indicating when he was scheduled to next appear in court for the ongoing divorce proceedings.

The former lieutenant governor, who was 47, served in the role from 2018 to 2022 under Democratic Gov. Ralph Northam.

In 2019, two women accused Fairfax of sexual assault years earlier, prompting Virginia Democrats to call for his resignation. Meredith Watson claimed Fairfax raped her in 2000 while they were students at Duke University. Vanessa Tyson accused Fairfax of forcing her to perform oral sex in 2004 when they attended the Democratic National Convention in Boston.

Fairfax denied the accusations, saying the encounters with the women were consensual. He said he would remain in office and called for an FBI investigation into the claims.

When he ran in the Democratic primary for governor in 2021, Fairfax, who was Black, said during the gubernatorial debate he was treated like George Floyd and Emmett Till when Democrats immediately called for his resignation after the women made the allegations.

The Curse Of The Gunnies strikes again.

California Democrat Eric Nuke’Em Swalwell resigned from Congress yesterday having been accused of sexual misconduct and was facing efforts to have him expelled.

1775-
General Gage begins preparations to send an expedition to Concord, Massachusetts to seize and destroy military supplies hidden in the town. He issues orders to the Boston Garrison to select 700 light infantrymen and grenadiers for the mission. Despite Gage’s effort to keep the expedition a secret, the movements of ships and troops are noticed by the patriot spies in Boston and reported to Joseph Warren, head of the Committee of Safety.

The fact that so many successful politicians are such shameless liars is not only a reflection on them, it is also a reflection on us. When the people want the impossible, only liars can satisfy. — Thomas Sowell

Elitist Chicago Doc: Average Citizens Don’t Need Armed Self-Defense Because the Poor ‘Don’t Benefit’ From Guns

Dr. Anthony Douglas, the smug University of Chicago trauma resident and arrogant mastermind behind Illinois’ Responsibility in Firearms Legislation (RIFL) Act, stepped up in a legislative hearing last week and belched up a heaping helping of elitist bile blended with a soupçon clinical detachment: “I think poor people don’t benefit from owning firearms,” he pronounced.

What the little people need, the good doctor says, is more “education and resources.” Translation: more tax dollars funneled to “non-profits” with little to no return on the taxpayers’ investment.

Besides, the physician and gun-control researcher claims it isn’t good guys or gals with guns who stop evil predators…all evidence to the contrary. As such, it really should be harder for the poors to get their hands on firearms to defend themselves and their families.

His solution, then, is pricing guns out of reach of law-abiding, responsible citizens who lack bodyguards, private security details, or live in gated enclaves. In Murder City, USA—Chicago—where gang thugs roam free, that’s not social policy, that’s sadistic malpractice.

Was this clown high? Does he have a full punchcard at the local dispensary? Because this delusional drivel sounds like it was baked in a dorm room cloud of weed.

Let’s drag his elitist fantasy out into the reality that is Chicago, the city that’s been mercilessly documented by Wirepoints.org through FOIA records from the Chicago Police Department itself.

High-priority 911 calls—Priority Level 1 and 2, the ones defined as “imminent threat to life, bodily injury, or major property damage”—are the exact emergencies Chicagoans face every day: shots fired, person shot, assault in progress, armed robbery, domestic battery. In 2019, before the progressive crime wave fully metastasized, 19% of those urgent calls had “no officers available” for immediate response.

By 2021, Wirepoints found that number had exploded to 52%—406,829 high-priority incidents in which dispatchers literally had zero cops to send. In 2022 it hit roughly 60%.

Through all of 2023, 56% of high-priority calls—437,000 of them—sat in backlog with no units available. Even in 2024, through mid-May, getting a response was still a coin-flip 50%: 127,000 out of 256,000 urgent calls in which nobody came.

That’s not “delayed,” that’s “we have no police available to send to you.”

Wirepoints documented thousands of “assaults in progress,” “batteries in progress,” “person with a gun,” and “shots fired” calls where callers were told to shelter in place while the city’s response system collapsed. In some districts, entire shifts passed with zero proactive patrol time because every available cop was already buried in backlogs that stretched 30 minutes, an hour, sometimes as long as four hours. Chicago’s own inspector general has long since confirmed the department can’t even log arrival times for huge chunks of emergency calls.

So Dr. Douglas’s prescription isn’t compassion, it’s pure, venomous elitist contempt. He (allegedly) stares at blood-soaked gurneys every shift, but still demands that we disarm the victims instead of the criminals—or fix the catastrophic policies that left over half of emergency calls with “no units available.” He wants to tax gun makers into oblivion so that self-defense becomes a rich man’s luxury that only hypocrites like him can afford.

Spare us the sanctimonious impacted fecal matter, Doctor. The poor in Chicago aren’t sipping lattes in faculty lounges debating “resources.” They’re barricading their doors and praying they make it to and from work safely and survive day to day while the failed system in which you have so much faith leaves them twisting in the wind.

They have and need the same constitutional right to armed self-defense that you take for granted from the comfort of your bubble. In the real Chicago, where cops aren’t available to show up half the time, that arrogance and contempt leaves innocent people to be victimized and slaughtered.

The Center Square has the full testimony. Read it and seethe . . .

A proposed bill gun owners say will price lower income buyers out of the market continues to get attention at the Illinois state capitol.

Opponents of House Bill 3320 estimate the Responsibility in Firearms Legislation, or RIFL Act could tack on thousands of dollars in taxes to one firearm purchase, and that would price lower income people out of exercising their Second Amendment rights.

Advocates for the bill, like Dr. Anthony Douglas, said there’d be minimal added cost.

“I think poor people don’t benefit from owning firearms,” Douglas said during a House Gun Violence Prevention Task Force subject matter hearing of the bill Wednesday. “I think more people benefit from access to education, access to resources.”

State Rep. Patrick Windhorst, R-Harrisburg, said that’s an elitist opinion and people of lesser means want to be able to protect themselves.

“The Second Amendment of the Constitution of the United States guarantees that to them,” Windhorst said. “And it’s really not our place to say, ‘well, we think you’re better off not having this thing,’ which is the tone of this committee.”