The NPRM will be open for a 90-day comment period once it is published in the Federal Register. Comment period is open from September 9 – December 7, 2023.
On August 30, 2023, the Attorney General signed ATF’s notice of proposed rulemaking (NPRM) 2022R-17, “Definition of ‘Engaged in the Business’ as a Dealer in Firearms,” which proposes to amend ATF’s regulations to implement the provisions of the Bipartisan Safer Communities Act (BSCA), enacted on June 25, 2022.
The NPRM proposes to incorporate the BSCA’s definition “predominantly earn a profit,” creating a stand-alone definition of “terrorism,” and amending the definitions of “principal objective of livelihood and profit” and “engaged in the business” to ensure each conforms with the BSCA’s statutory changes and can be relied upon by the public.
Furthermore, the NPRM specifically proposes to clarify when a person is “engaged in the business” as a dealer in firearms at wholesale or retail by: