Department of Justice September 8, 2023 – Federal Register Recent Federal Regulation Documents
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Definition of “Engaged in the Business” as a Dealer in Firearms
The Department of Justice (``Department'') proposes amending Bureau of Alcohol, Tobacco, Firearms, and Explosives (``ATF'') regulations to implement the provisions of the Bipartisan Safer Communities Act (``BSCA''), effective June 25, 2022, that broaden the definition of when a person is considered ``engaged in the business'' as a dealer in firearms other than a gunsmith or pawnbroker. This proposed rule incorporates the BSCA's definition of ``predominantly earn a profit,'' creates a stand-alone definition of ``terrorism,'' and amends 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. The proposed rule also clarifies what it means for a person to be ``engaged in the business'' of dealing in firearms, and to have the intent to ``predominantly earn a profit'' from the sale or disposition of firearms. In addition, it clarifies the term ``dealer,'' including how that term applies to auctioneers, and defines the term ``responsible person.'' These proposed changes would assist persons in understanding when they are required to have a license to deal in firearms. Consistent with the Gun Control Act (``GCA'') and existing regulations, the proposed rule also defines the term ``personal collection'' to clarify when persons are not ``engaged in the business'' because they make only occasional sales to enhance a personal collection, or for a hobby, or if the firearms they sell are all or part of a personal collection. This proposed rule further addresses the lawful ways in which former licensees, and responsible persons acting on behalf of such licensees, may liquidate business inventory upon revocation or other termination of their license. Finally, the proposed rule clarifies that a licensee transferring a firearm to another licensee must do so by following the verification and recordkeeping procedures instead of using a Firearms Transaction Record, ATF Form 4473.
Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
In December 2020, the Department of Justice issued a final rule (the ``AA96 Final Rule'') establishing novel limits on the authority of immigration judges and the Board of Immigration Appeals (``BIA'' or ``Board'') to manage their dockets and efficiently dispose of cases. Among other changes, the AA96 Final Rule would have required the BIA to set simultaneous briefing schedules for every appeal, limited the authority of immigration judges and the BIA to temporarily pause cases while the United States Citizenship and Immigration Services (``USCIS'') adjudicates a noncitizen's pending visa application, and restricted the BIA's discretion to remand matters to immigration judges in light of legal and factual errors. The AA96 Final Rule was enjoined shortly after its issuance in March 2021, and it has not been in effect since that date. After careful reconsideration, the Department proposes to restore longstanding procedures in place prior to the AA96 Final Rule, including administrative closure, and to clarify and codify other established practices. Given the aforementioned injunction, the proposed regulatory language largely reflects the currently operative status quo. The Department believes that this rule will promote the efficient and expeditious adjudication of cases, afford immigration judges and the BIA flexibility to efficiently allocate their limited resources, and protect due process for parties before immigration judges and the BIA.
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