The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is facing legal challenges from twenty-six states over a new federal rule that targets lawful gun owners.
These states argue that the rule is not only unconstitutional but also illegal. Led by Texas and Kansas, two multi-state coalitions have filed lawsuits against the ATF, while Florida has initiated its own legal action.
The ATF finalized the rule on April 19, claiming that it aligns with aspects of the 2022 Bipartisan Safer Communities Act. This act, introduced by Senator John Cornyn of Texas, aims to promote safer communities by implementing universal background checks for all private firearms transactions. Despite President Joe Biden’s call for Congress to pass such legislation, it has repeatedly been declined by both Democratic and Republican leadership.
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The new ATF rule has sparked outrage among gun owners and Second Amendment advocates. It requires law-abiding citizens to register as firearms dealers in order to engage in private transactions with friends and neighbors. Critics argue that this rule infringes on individuals’ constitutional rights and imposes unnecessary burdens and costs.
Texas Attorney General Ken Paxton and Kansas Attorney General Kris Kobach announced their multi-state coalitions’ lawsuits at a joint press conference in Frisco, Texas.
The Texas coalition includes Louisiana, Missouri, and Utah, while the Kansas coalition consists of Arkansas, Iowa, Montana, Alabama, Alaska, Georgia, Idaho, Indiana, Kentucky, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, and Wyoming. Both lawsuits include gun owners as plaintiffs.
Attorney General Paxton condemned President Biden’s use of federal bureaucracy to undermine citizens’ Second Amendment rights. He characterized the rule as a tyrannical abuse of authority and expressed his commitment to defending constitutionally protected freedoms.
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“Today, myself and the Attorney General of Kansas announced that we are filing a lawsuit against a new Biden ATF regulation that would subject hundreds of thousands of law-abiding gun owners to presumptions of criminal guilt for engaging in the constitutionally protected private sale of firearms,” Paxton posted.
Attorney General Kobach echoed these sentiments, emphasizing that the rule would turn law-abiding gun owners into felons for engaging in innocent transactions.
“Biden’s latest attempt to strip away the Second Amendment rights of Americans through ATF regulations will make many law-abiding gun owners felons if they sell a firearm or two to family or friends,” Kobach said in a Wednesday release. “This rule is blatantly unconstitutional. We are suing to defend the Second Amendment rights of all Americans.”
Florida Attorney General Ashley Moody also expressed her opposition to the rule, describing it as federal overreach that disregards the Second Amendment rights of Americans.
“This is Biden’s latest step in trying to take guns away from law-abiding Americans. We are fighting back against this federal overreach that would force thousands of law-abiding gun owners to register as federal firearms dealers and navigate a federal bureaucracy. It’s unlawful and reflects a lack of respect for our second amendment rights. We won’t stand for it,” said Moody.
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the suit filed by Moody states, “The challenged rule, in fact, goes far beyond the plain text of the BSCA. It purports to force thousands of law-abiding gun owners to register as federal firearms dealers and navigate a federal bureaucracy as a precondition to engaging in constitutionally protected activity. The challenged rule is unlawful…ATF does not have authority to promulgate it because ATF’s rulemaking authority is carefully circumscribed. But even if it did, the challenged rule unlawfully attempts to depart from the plain meaning of the BSCA to achieve President Biden’s policy goals.”
If the ATF rule remains in effect, thousands of law-abiding gun owners would be compelled to navigate a complex federal bureaucracy and register as federal firearms dealers.
This would impose significant financial burdens and administrative hurdles on individuals who simply wish to engage in private transactions with family and friends.
Critics argue that these requirements are unnecessary and infringe upon the rights of responsible gun owners without effectively addressing the issue of gun violence.
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The Biden administration continues to advocate for universal background checks and stricter gun control measures. While the ATF rule is a step toward realizing these objectives, its legality and constitutionality are now under scrutiny.
The outcome of the lawsuits filed by the states will determine the future of the rule and its impact on lawful gun owners nationwide.
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