State collapse is inevitable when a society’s leaders are insulated from the negative consequences of their bad decisions.
Mike Shelby
2 separate rulings today.
The Massie/DOJ “engaged in the business” matter
This concerns the Biden-era ATF rule that broadened who counts as “engaged in the business” of dealing firearms (under the Gun Control Act). It aimed to require more people who sell guns repeatedly with an intent to profit to get an FFL and run background checks.
A Texas federal court (Northern District of Texas) vacated the rule. On October 9, 2026, the DOJ filed a notice of appeal of that final judgment (and a related order). That’s what prompted Rep. Thomas Massie and Gun Owners of America to criticize the move as conflicting with earlier statements about undoing the rule.
The ATF NFA guidance on SBRs, SBSs, etc.
This is about the National Firearms Act (NFA) items. Congress (in the One Big Beautiful Bill) reduced the making/transfer tax to $0 for short-barreled rifles (SBRs), short-barreled shotguns (SBSs), silencers/suppressors, and certain “any other weapons” (AOWs). A Texas court later ruled that the remaining NFA registration scheme for those items could not stand on the taxing power once the tax was zeroed (in Silencer Shop Foundation v. ATF / related cases). The DOJ chose not to appeal that ruling.
On October 9, 2026, ATF issued an open letter and FAQs stating that, as a matter of enforcement discretion applied nationwide, it will not enforce prior approval requirements, registration in the National Firearms Registration and Transfer Record (NFRTR), or related tax-stamp rules for those specific items. Machine guns and destructive devices remain fully regulated under the NFA (with the $200 tax still in place). State and local laws are unaffected, Form 4473/NICS still apply to transfers through dealers, and interstate transport of SBRs/SBSs still requires a Form 20 under the Gun Control Act.
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