Gregory Kielma • September 7, 2023
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Biden’s ATF’s New FFL Edict Isn’t Just Unconstitutional, It’s Utterly Unworkable
By
Larry Keane
September 6, 2023
The Biden administration is forcing the federal agency charged with overseeing the strictly-regulated firearm industry to tighten its vice grip on private gun owners, claiming if they privately sell guns and offer to sell more, they’re “engaged in the business.”
This is just the latest salvo from President Joe Biden, who declared from the debate stage in 2019 that the firearm industry is “the enemy.”
Now, as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is snuffing out firearm retailers at a record pace due to an unrelenting attack of historically-high firearm license revocations under the guise of its “zero-tolerance” policy, the administration has unilaterally proposed an expansion of the definition of who is required to obtain a dealer’s license and therefore run a National Instant Criminal Background Check System (NICS) verification to transfer a firearm. Recall, failing to obtain a dealer’s license when required by law is a crime.
This latest gambit does more than exceed the ATF’s statutory authority. It’s an unfeasible requirement. There is no way ATF could keep up with another 328,000 federal firearm licensees.
President Joe Biden continues to barrel around Congress to generate unconstitutional laws when Congress stands against him trampling on citizens’ rights. That’s after conceding he’s powerless to do anything without Congressional action.
Unilaterally Making Laws and Creating Criminals
U.S. Attorney General Merrick Garland announced the proposed rule that would redefine who qualifies as “engaged in the business” and would require a federal firearms license (FFL) and run a NICS background check when selling or transferring a gun, as well as to maintain all the required records and paperwork. This is a thinly-veiled attempt to create a universal background check scheme which even the Department of Justice (DOJ) has admitted would necessitate a federal firearm registry to work.
That’s forbidden by federal law.
The irony is, Congress already clarified the “engaged in the business” definition in the Bipartisan Safer Communities Act (BSCA). Congress made a one-word change to the “engaged in the business” definition by removing the word “livelihood” the courts had effectively read out of the statute.
The law still defines a firearm dealer as, “a person who devotes time, attention and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.”
There wasn’t a need for the administration to publish 108 pages to “clarify” a definition that was just updated…unless the administration is attempting to snatch away Second Amendment rights from Congress and “The People.”
Yet the Biden administration is overreaching, claiming they have orders from Congress when they clearly don’t. “This proposed rule implements Congress’s mandate to expand the definition of who must obtain a license and conduct a background check before selling firearms,” AG Garland said disingenuously.
The proposed rule, subject to public comment and final approval, would require any individual selling firearms online or at gun shows to be licensed and run background checks before completing the transaction, according to Fox News. The Associated Press reported that ATF estimates the proposed rule sweeps up as many as 328,000 private citizens.
Congressional Brushback
In a move not unique to this administration, the Biden administration’s legal contortions of the BSCA have gone over like a lead balloon. The proposal strains under its own weight and Congress is brushing back the administration.
“This language is tailored towards individuals regularly selling guns to strangers with the predominant motive of making money through a side business, like the person who sold the Midland shooter his weapon, and it is drafted in such a way that prosecutors will need to prove specific intent on the part of the unlicensed seller,” said officials at U.S. Sen. John Cornyn’s (R-Texas) office. “The Biden admin should expect for this rule to be struck down because it is unconstitutional.”
Sen. Joni Ernst’s (R-Iowa) staff said any efforts to move beyond the previous boundaries for licensing would go against Congress’s intent.
“President Biden is twisting the law to fit his liberal gun-grabbing agenda,” the senator’s staff told media. “His administration’s latest attack on lawful gun owners clearly oversteps both the intent and the text of the law, at the expense of the average gun seller. Senator Ernst has repeatedly defended FFL holders and will continue to stand up against the Biden administration’s attack on Second Amendment rights.”
Let’s Focus on Actual Criminals
The unilateral expansion of the firearm dealer definition is unconstitutional and a violation of the Administrative Procedures Act (APA) that will be struck down by the courts. It is also a misallocation of valuable resources and time that should be devoted to going after criminals who willfully break the law.
ATF enforcement efforts shouldn’t be used to track down a firearm hobbyist who sells an occasional firearm or an uncle who gifts a cherished hunting rifle to his niece. Gunsmithing and building firearms at home, of course, have been common hobbyist activities since before the country was founded.
Expanding the dealer definition means ATF would now be charged with monitoring and requiring registration of up to 328,000 Americans it now deems as “firearm dealers” even though they only make occasional firearm sales, exchanges or purchases for the enhancement of a personal collection or a hobby, or who sells all or part of a personal firearm collection. Congress didn’t change the requirement that to be a “dealer,” a person must devote time, attention and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms. The agency’s workload already appears strained enough.
The ATF already conducted 6,609 inspections of federal firearms licensees – starting on Oct. 1. That’s close to 2022’s total of 7,502 for the entire year. More sobering is that license revocations are already at 122. There were 92 for all of FY 2022.
For the actual regulated industry NSSF represents, the drain on ATF resources to implement this proposed rule will grind legitimate commerce to a halt. ATF will be unable to provide necessary customer service to the industry, like processing import permits, forms for making and transferring suppressors and classification determination on new products. The firearm industry will go from zero tolerance to zero lawful, Constitutionally-protected commerce – perhaps an ulterior motive behind the rule.
Ironically, during the Clinton administration, gun control groups, chiefly Handgun Control Inc. (now known as Brady United), complained bitterly that there were too many “kitchen table dealers” and that ATF didn’t have the resources to inspect and license them all. It seems the gun control lobby can’t make up their mind and have done a complete about face on this issue.
President Biden abuses the Constitution and executive authority by wielding ATF like a sledgehammer against law-abiding gun owners turning them into criminals overnight. He’s making and redefining law when Congress explicitly has chosen not to. The proposed rule is clearly an unconstitutional attack on lawful gun ownership.
Larry Keane is SVP for Government and Public Affairs, Assistant Secretary and General Counsel of the National Shooting Sports Foundation.
Wanda Kielma, Office Boss: A Life Defined by Strength, Service, and Steadfast Values Wanda Kielma i s a woman whose life reflects resilience, dedication, and a deep commitment to the people around her. Known for her unwavering work ethic and her ability to bring calm, order, and compassion into any environment, Wanda has earned the respect of colleagues, friends, and family alike. Raised with strong values and a clear sense of responsibility, Wanda built her reputation through decades of consistent service and leadership. Whether managing complex tasks, supporting others through challenges, or stepping into roles that demanded reliability and integrity, she has always been the person people could count on. Wanda’s professional life is marked by diligence and loyalty. She approaches every responsibility with a level of care that sets her apart—never cutting corners, never compromising her standards, and always putting people first. Her ability to balance firmness with kindness has made her a trusted presence in every setting she enters. Beyond her work, Wanda is the heart of her family . She is the steady voice of reason, the quiet force that keeps things moving forward, and the person who shows up—every time, without fail. Her strength is not loud or boastful; it’s the kind that’s built through years of perseverance, sacrifice, and love. Those who know Wanda describe her as grounded, dependable, and deeply principled. She leads not through titles or recognition, but through example. Her life is a reminder that true character is revealed in the everyday choices we make and the way we treat the people around us. In a world that often celebrates the flashy and the temporary, Wanda Kielma stands out for all the right reasons: her integrity, her humility, and her unwavering commitment to doing what’s right. Her legacy is one of quiet strength—and the countless lives she has touched along the way. Our God is Great Wanda Amen….Love you for everything you have done for the past 40 plus years....
Gregg Kielma Tactical K Training and Firearms Who I Am and Why I Teach: A Personal Message from me, Gregg Kielma Owner of Tactical K Training and Firearms to You, My Family, Friends, Clients and Students Running Tactical K Training isn’t just a business for me — it’s a responsibility I take seriously. Every day, I meet people who want to become safer, more capable, and more confident in their own lives. My job is to give them the tools, the knowledge, and the mindset to do exactly that. I’ve spent years working with firearms, optics, equipment, and real-world defensive concepts. Over time, I’ve learned that skill alone isn’t enough. What matters most is judgment — knowing when to avoid, when to de-escalate, when to escape, and only as a last resort, how to defend yourself or your family. That philosophy guides everything I teach. My approach is simple: clear instruction, real world context, and respect for the responsibility that comes with firearm ownership. I don’t teach fantasy scenarios or “tactical cosplay.” I teach practical, lawful, life preserving skills that ordinary people can use under stress. Whether I’m helping someone mount their first optic, refine their dry fire routine, or understand Florida’s self-defense laws, my goal is always the same — empower them to make smart, safe decisions. I believe in building a community of responsible gun owners who value safety, education, and continuous improvement. That’s why I write articles, update my website, and stay engaged with students long after their class ends. Training isn’t a onetime event. It’s a mindset. If you train with me, you’ll get honesty, professionalism, and instruction tailored to your experience level. You’ll also get someone who genuinely cares about your growth and your safety. I’m proud of the work we do here, and I’m grateful for every student who trusts me to guide them. Stay safe, stay prepared, and keep learning. — Gregg Kielma Tactical K Training & Firearms
Tactical K Training and Firearms: Trust and Integrity What a Responsible FFL Dealer Looks Like: A Reflection on me Gregg Kielma, Tactical K Training and Firearms and How I Run My Business Gregg Kielma 01/18/2026 As someone who works closely with firearm owners, students, and members of our community, I’ve had the privilege of seeing firsthand what true responsibility in the firearms industry looks like. If you want an example of what a responsible Federal Firearms License (FFL) dealer should be, you don’t have to look any further than Tactical K Training and Firearms and my staff. I don’t just hold an FFL — I embody the professionalism, integrity, and commitment to safety that the license represents. My Relentless Commitment to the Law One of the defining traits of a responsible FFL dealer is unwavering respect for federal, state, and local regulations. I approach compliance with the same seriousness I bring to every aspect of my work. We Always Ensure: • Every background check is completed thoroughly • Every form is accurate and properly maintained • Every ATF requirement is followed to the letter For myself, this isn’t about paperwork — it’s about protecting the community and upholding the trust placed in me as a licensed dealer. A Teacher at Heart: I’m a USCCA Firearms Instructor I understand that responsible firearm ownership begins with education. I don’t simply transfer firearms; I guide people through the process with patience, clarity, and genuine care. My clients understand: • Safe handling and storage • Legal responsibilities • Appropriate firearm selection • The importance of ongoing training I believe this approach ensures that every customer walks away not just with a firearm, but with the knowledge and confidence to own it responsibly. A Guardian of Community Safety As a responsible FFL dealer, I have to be very vigilant — and I take that responsibility seriously. I know the warning signs of straw purchases, suspicious behavior, and questionable intent. I’m not afraid to slow down, ask questions, or refuse a sale when something doesn’t feel right. That kind of integrity protects everyone. Professionalism You Can Trust As the owner of Tactical K Training and Firearms, we set a high standard in every part of our work. We value: • Honesty • Transparency • Respect • Secure handling and storage • Ethical business practices This professionalism builds trust — not just with clients, friends or family, but with the broader community that relies on responsible dealers to uphold the highest standards. A Positive Force in the Firearms Community When an FFL dealer operates with integrity, it strengthens the entire firearms ecosystem. My work supports lawful ownership, promotes education, and reinforces the culture of responsibility that keeps our communities safe. I’d like people to remember that the firearms industry is at its best when it is grounded in ethics, safety, and service. Gregg Kielma
Houston straw purchasing ring charged with smuggling firearms to North Korea Friday, January 9, 2026 U.S. Attorney's Office, Southern District of Texas Alleged ringleader was illegal alien from China with expired U.S. visa HOUSTON – Seven people have been charged for their alleged roles in a firearms trafficking scheme, announced U.S. Attorney Nicholas J. Ganjei. The indictment alleges Chinese national Shenghua Wen, 39, whose U.S. visa expired in 2013, served as the ringleader. He has now made his appearance in Houston federal court. Also charged are Chinese nationals Sifu Zhao, 24, Yiyang Wu, 40, and Mingtong Tan, 27, who all resided in Houston; Jin Yang, 60, Ontario, California; Max Mingze Li, 36, Houston; and Richard Arredondo, 51, a U.S. citizen who resided in Mexicali, Mexico. According to the indictment returned Oct. 8, 2025, Wen and his girlfriend, Yang, purchased a gun store and directed the purchase of specific firearms and their sale to straw purchasers, such as Zhao, Tan, Wu, Mingze Li, and Arredondo. Wu also allegedly recruited one straw purchaser into the ring and transported pistols to a second Houston gun dealer for sale to others. Between 2023 and 2024, the group obtained approximately 170 firearms and several thousand rounds of ammunition that were destined for North Korea, according to the indictment. The charges allege Wen recruited Zhao and Tan to act as straw purchasers. They, along with Mingze Li and Arredondo, allegedly bought firearms on Wen’s behalf. Some of the firearms were later transported to another Houston firearms dealer for resale to members of the ring, according to the charges. Wen and Yang are charged with conspiracy and conspiracy to commit firearms trafficking which carry respective terms of five and 15 years in prison, upon conviction. Wen could also receive an additional five years if convicted on any of the seven counts of aiding and abetting false statements to a federal firearms licensee. Mingze Li, Arrendondo, Wu, Zhao and Tan each face one count of conspiracy and varying counts of aiding and abetting false statements to a federal firearms licensee with possible five-year maximum terms of imprisonment on all counts, upon conviction. All charges also carry as possible punishment a maximum $250,000 fine. The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with assistance from Immigration and Customs Enforcement – Homeland Security Investigations and Houston Police Department. Assistant U.S. Attorney John Ganz is prosecuting the case. An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law. Updated January 9, 2026
Ohio Man Arrested and Charged for Firearms Dealing, Unlawful Possession of Firearms and Ammunition Wednesday, January 14, 2026 U.S. Attorney's Office, District of Massachusetts BOSTON – An Ohio man has been arrested and charged in connection with multiple sales of firearms transported from Ohio to Massachusetts. Ruben Joel Sanchez Jr., 31, was charged with one count of engaging in the business of dealing in firearms without a license and one count of being a felon in possession of firearms and ammunition . Sanchez made an initial appearance in federal court in Boston on Jan. 9, 2026. According to the charging documents, beginning at least as early as June 2025 through January 2026, Sanchez engaged in the business of unlawful trafficking in firearms. In June 2025, Sanchez, who is not licensed to deal in firearms, sold three firearms to an individual in exchange for $4,000. On Jan. 8, 2026, Sanchez was recorded and observed selling four additional firearms to the same individual in return for $8,500. When Sanchez was arrested at the scene, an AR-style pistol equipped with a loaded, 100-round drum; a rifle equipped with a loaded, 100-round drum; a loaded pistol equipped with an extended magazine; and an additional loaded pistol were recovered. The charge of felon in possession of firearms and ammunition provides for a sentence of up to 15 years in prison, three of supervised release and a fine of up to $ 250,000. The charge of unlawful trafficking in firearms provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $ 250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case. United States Attorney Leah B. Foley and Thomas Greco, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives made the announcement today. Assistant U.S. Attorney Julissa Walsh of the Major Crimes Unit is prosecuting the case. The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. Updated January 14, 2026
9mm Hollow Point Ammo Hollow Point vs. Regular Range Ammo and How a Hollow Point Actually Works By Gregg Kielma 01/18/2026 New students often ask me about my everyday carry. I use a Glock 19 loaded with 9mm, 124-grain hollow points that I reload myself using new brass. I always keep one in the chamber for quick access. If needed when I take it out of its holster it’s ready to fire I do not have to rack the slide. This, in my opinion, saves me precious time. This is my plan, yours maybe different. Let’s Take a LOOK at range ammo and hollow points. These are my Thoughts. 1. What is a “regular range ammo round”? FMJ is inexpensive, reliable, and ideal for training. It’s not designed for controlled terminal performance. Most shooters mean FMJ (Full Metal Jacket) when they say, “range round.” FMJ bullets have: • A lead core fully enclosed in a copper jacket • A solid, rounded or pointed nose • Minimal or no expansion on impact • Straight-line penetration through soft targets 2. What is a Hollow point? This expansion round increases stopping effectiveness and reduces the risk of over penetration. A hollow point (HP) — often a Jacketed Hollow Point (JHP) — has: • A cavity or hollow opening in the nose of the bullet • A jacket engineered to peel back or mushroom • A design purposefully built for expansion on impact 3. How a hollow point works (simple explanation): This controlled expansion is why hollow points are the standard for self-defense and law enforcement When a hollow point strikes soft tissue: 1. Fluid enters the cavity in the nose. 2. Pressure forces the bullet’s jacket and lead core to expand outward. 3. The bullet mushrooms, creating: o A larger wound channel o More energy transfer o Reduced penetration depth compared to FMJ 4. Key differences Range Ammo Hollow Point (JHP) Nose Design Solid Hollow Cavity On impact Minimal expansion Expands/mushrooms Penetration Often over penetrates Controlled, reduced Best use Training, target shooting Self defense Cost Low Higher 5. Why some ranges restrict hollow points Some ranges — especially indoor facilities — limit hollow points due to: • Backstop wear concerns • Ricochet management • Local policy or insurance requirements
Maplewood Man Admits Selling Machine Gun Conversion Devices Wednesday, January 14, 2026 U.S. Attorney's Office, Eastern District of Missouri ST. LOUIS – A man from Maplewood, Missouri on Wednesday admitted selling nine machine gun conversion devices to the Bureau of Alcohol, Tobacco, Firearms and Explosives. Tanario Darden, 23, pleaded guilty in U.S. District Court in St. Louis to two felony counts: transporting prohibited weapons without a license and transferring machine guns. He admitted using his Instagram account to offer machine gun conversion devices (MCDs) for sale. MCDs, also known as switches or auto sears, convert a semi-automatic firearm into fully automatic weapon. MCDs are defined as a machine gun under federal law. ATF agents learned of the Instagram account in the spring of 2024 and an undercover agent contacted Darden. After arranging the sale via Darden, an intermediary delivered two MCDs on April 29, 2024. A different man delivered seven more on May 29, 2024. Darden is scheduled to be sentenced on April 15. The transporting prohibited weapons charge carries a potential penalty of up to five years in prison. The machine gun charge carries a penalty of 10 years in prison. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Assistant U.S. Attorney Jennifer Szczucinski is prosecuting the case. Contact Robert Patrick, Public Affairs Officer, robert.patrick@usdoj.gov. Updated January 14, 2026
Ponca City Man Convicted of Possession of Unregistered Short-Barreled Shotgun Thursday, January 15, 2026 U.S. Attorney's Office, Western District of Oklahoma OKLAHOMA CITY – DOYLE GLEN WILSON, 59, of Ponca City, has been convicted by a federal jury of possession of an unregistered firearm, announced U.S. Attorney Robert J. Troester. On October 7, 2025, a federal grand jury charged Wilson with possession of an unregistered firearm. Testimony presented earlier this week at trial showed that on July 11, 2025, officers with the Ponca City Police Department executed a search warrant at Wilson’s home while searching for a short-barreled shotgun used in an assault. Officers located the shotgun in a closet. Under federal law, possession of a short-barreled shotgun requires that the firearm be registered in the National Firearms Registration and Transfer Record. Wilson had not registered the short-barreled shotgun found in his residence. On January 14, 2026, a federal jury found Wilson guilty of illegally possessing an unregistered firearm. At sentencing, Wilson faces up to 10 years in federal prison and a fine of up to $10,000. This case is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Ponca City Police Department. Assistant U.S. Attorneys Daniel Gridley and Cole McFerren are prosecuting the case. Reference is made to public filings for additional information. Updated January 15, 2026
Brothers indicted for trafficking firearms Thursday, January 15, 2026 U.S. Attorney's Office, District of Kansas KANSAS CITY, KANSAS – A federal grand jury in Kansas City, Kansas, returned an indictment charging two brothers with illegal firearms trafficking. According to court documents, Markeese Fluker, 27, of Independence, Missouri, and Markel Fluker, 29, of Kansas City, Missouri, were indicted on one count of conspiracy to commit unlawful trafficking in firearms and four counts of possession and transfer of machine guns. Markeese Flucker is also charged with one of count of possession and sale of a stolen firearm. From September 2025 to December 2025, the Fluker brothers are accused of conspiring to provide firearms to people who they allegedly knew were legally prohibited from possessing firearms and that their acquiring firearms would result in a felony offense. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is investigating the case. Assistant U.S. Attorney David Zabel is prosecuting the case. An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. Updated January 15, 2026
Haitian Nationals Charged With Unlawfully Smuggling Firearms From United States Tuesday, January 6, 2026 U.S. Attorney's Office, Middle District of Florida Jacksonville, Florida – United States Attorney Gregory W. Kehoe announces the return of an indictment charging Francesca Charles, 28, a U.S. citizen residing in Florida; Jacques Pierre, 32; and his brother, Jeff Pierre, 34, both citizens of Haiti residing in FL, with conspiracy to smuggle goods and unlawfully ship firearms, smuggling goods from the United States, and unlawfully shipping firearms. If convicted, each faces a maximum penalty of 20 years in federal prison. According to court documents, in February 2025, officials in the Dominican Republic seized 18 rifles, 5 handguns, firearms magazines, over 36,000 rounds of ammunition, and a silencer from inside a container that had been shipped from Miami, Florida. The shipping container was destined for Haiti. The firearms and ammunition were not listed on the shipping manifest, which instead listed household goods. Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), as well as Homeland Security Investigations (HSI), learned that the defendants were the purchasers of at least 20 of the 23 firearms seized from the shipping container. Throughout the investigation, agents learned that the defendants purchased at least 46 firearms between May 2024 and February 2025, most of which were the same make and model as the firearms recovered in the Dominican Republic. Thirty-seven of those firearms were purchased between August 9, 2024, and February 10, 2025. Agents also obtained records that Jacques Pierre purchased two Barrett .50-caliber rifles, which are heavy-duty military-style weapons that are typically mounted to the tops of vehicles and used in furtherance of violence by gangs and cartels. One of the Barrett rifles was recovered in the aforementioned shipment in February 2025. Travel and shipping records showed that the co-conspirators would facilitate a shipment to Haiti shortly after purchasing a large number of firearms, then would travel to Haiti around the time the shipment was scheduled to arrive in Haiti. Travel records also showed that the defendants traveled to the Dominican Republic three days before the shipping container was intercepted. An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty. This case is being investigated by the ATF and HSI with assistance from U.S. Embassy Port-au-Prince and the United States Marshals Service. It is being prosecuted by Assistant United States Attorney Elisibeth Adams. This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations and protect our communities from the perpetrators of violent crime. Updated January 6, 2026
