On Tuesday, January 13, the United States Court of Appeals for the Fifth Circuit denied the Justice Department’s request for a 60-day extension to prepare its arguments in defense of a Biden-era, illegal gun control measure known as the “engaged in the business” rule.
More than anything, the case, known as State of Texas, et al. v. Bureau of Alcohol, Tobacco, Firearms, and Explosives, et al., continues to illustrate the Jekyll-and-Hyde persona of the Bondi Justice Department, characterized on the one hand by the pro-Second Amendment leadership of Assistant Attorney General, Harmeet Dhillon, and on the other hand, the entrenched gun control cabal, which we have tracked since day one.
Even judges have recognized that the Bondi Justice Department still holds a legal posture defending numerous gun control laws, as we reported in September of 2025, despite the President’s February 2025 executive order directing it to protect the Second Amendment.
The case at hand challenges the ATF’s “engaged in the business” rule – a rule so controversial that in 2024, the ATF executed a no-knock raid based on a search warrant claiming Bryan Malinowski was “engaged in the business” of illegally selling firearms (essentially a paperwork-related charge), and fatally shot him. It’s part of a larger scope of broad, post-Bruen challenges to ATF rules on firearms regulations.
A coalition of gun rights groups filed the case on May 1, 2024, in the U.S. District Court for the Northern District of Texas, Amarillo Division. In June of 2024, they secured a preliminary injunction, and the government immediately appealed. The gun rights groups involved include Gun Owners of America, Gun Owners Foundation, Tennessee Firearms Association, and Virginia Citizens Defense League.
With the delay denied, the briefing schedule should continue, and the court should schedule oral arguments. We will continue to follow and report on this case.
