I doubt this will get shot down in court honestly.yeah I was kinda joking about it. They want anyone selling a gun for a profit to be an FFL but won't make it any easier for anyone to actually be an FFL.
either way this one will get shot down by the courts shortly as well.
The 'Bipartisan Safer Communities Act' that GOPers let through changed the wording in the law.
ATF says they are just codifying what was passed by Congress and after reading it, they aren't wrong. Congress gave them just what they wanted to expand the definition of 'in the business'.
They are probably on pretty solid legal ground as far as the whole rule goes, although some of the details may get knocked down in court for being too vague...eventually. But that's a long way down the road.