Multiple sale or other disposition of certain rifles questions and answers, updated September 3, 2024.

This circular announces the reclassification of small caliber weapons (such as pen guns) ostensibly designed to expel only tear gas, similar substances or pyrotechnic signals, which may be converted to expel a projectile by means of an explosive, as firearms.

Before the Court is Plaintiffs’ Motion for a Temporary Restraining Order (“Motion”) (ECF No. 16), filed on May 9, 2024. Defendants responded (ECF No. 22) on May 14, 2024. Having reviewed the materials, the Court GRANTS IN PART the Motion. Accordingly, Defendants are hereby TEMPORARILY RESTRAINED from enforcing the regulations — “Definition of ‘Engaged in the Business’ as a Dealer in Firearms” (hereinafter “Final Rule”) — published at 89 Fed. Reg. 28968 (April 19, 2024) (to be codified at 27 C.F.R. pt. 478) against Plaintiffs Texas, Jeffery Tormey (“Tormey”), the Gun Owners of America, Inc. (“GOA”), the Gun Owners Foundation (“GOF”), the Tennessee Firearms Association (“TFA”), and the Virginia Citizens Defense League (“VCDL”), through June 2, 2024.

The NICS Improvement Amendments Act of 2007 (NIAA) requires states, as a condition of grant eligibility, to establish procedures to allow persons with disabilities relating to mental health (i.e., prohibiting mental health adjudications or involuntary commitments to a mental institution) to obtain relief from such disabilities for purposes of firearms eligibility. The 33 states in this list have qualified relief of disability programs, under 18 U.S.C. §§ 922(d)(4), (g)(4), that ATF has approved.