U.S. District Court Judge Corey L. Maze of the Northern District of Alabama has issued an order staying further proceedings in a challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) 2024 Final Rule on the definition of “engaged in the business” of dealing in firearms. The stay will remain in effect until the United States Senate completes its vote on the nomination of Robert Cekada to serve as the permanent Director of the ATF. The judge did not disclose his reasoning on the docket, but did reference an April 7, 2026, telephone conference.
The docket entry reads: For the reasons stated during the April 7, 2026, telephone status conference, the court STAYS this case. The court ORDERS the parties to file a joint status report within 14 days of the United States Senate’s vote on the nomination of Robert Cekada to serve as ATF Director.
The underlying case, Butler v. Bondi (formerly Butler v. Garland), was brought by Alabama gun collectors Don Butler and David Glidewell, along with the National Rifle Association (NRA), against the ATF and DOJ. This was one of many cases against the rule. In September of last year. Judge Maze ruled the ATF exceeded its authority when issuing an expansive rule about when private individuals need a Federal Firearms License (FFL) to buy and sell guns. The court permanently enjoined enforcement of key parts of the rule against the plaintiffs and NRA members nationwide.
That ruling was widely celebrated by gun rights advocates as a check on regulatory overreach following the John Coryn-led Bipartisan Safer Communities Act of 2022. The ATF’s Final Rule had created presumptions that could classify occasional sellers, those who advertise online, or frequent gun shows, as unlicensed dealers. This classification would subject these hobbyists to background checks, record-keeping, and potential criminal penalties.
Despite the plaintiffs’ victory in the courts, the case now sits in procedural limbo. The stay order came without explanation from the judge, triggering speculation amongst legal observers that the judge is allowing time for potential policy alterations at the ATF under new leadership. A phone call was referenced on the docket that could have given the parties in the case more information than available to the public.
Robert Cekada is currently serving as ATF Deputy Director. He was nominated by President Trump in late 2025 to lead the agency on a permanent basis. A career law enforcement veteran with over 30 years of experience, including more than two decades at ATF in field and headquarters roles, Cekada has been described by his supporters as a steady hand focused on enforcing existing laws against violent criminals and traffickers rather than targeting law-abiding collectors and hobbyists. This viewpoint would be a welcome change from Biden-era ATF Director Steve Dettelbach.
The Senate Judiciary Committee advanced Cekada’s nomination earlier this year by a vote of 14-8. The vote was largely along party lines. Full Senate confirmation has been expected but has been delayed by other legislative fights, such as the DHS funding fight. Many gun-rights lobbyists behind the scenes have urged Congress to confirm the nominee quickly, arguing that a Cekada-led ATF would likely take a more restrained approach to Biden-era regulations, including the “engaged in the business” rule that Judge Maze already partially invalidated.
Although the judge did not give a specific reason for the stay, some legal experts AmmoLand News spoke to suggested the stay serves a practical purpose: avoiding unnecessary litigation while the executive branch may change course.
If confirmed, Director Cekada could direct the ATF to revise, narrow, or even repeal portions of the challenged rule through the rulemaking process. According to AmmoLand’s inside sources, around 50 new rules are expected by the end of 2027. Such administrative action might render parts of the ongoing case moot or allow for a negotiated resolution.
The Senate is expected to take up the Cekada nomination in the coming weeks. Confirmation might likely lead to a review of the “engaged in the business” rule in light of Judge Maze’s opinion and post-Loper Bright limits on agency authority.
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About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
