The Biden administration has requested that a judge dismiss a Florida lawsuit challenging a new federal rule requiring more gun sellers to be licensed and to conduct background checks on buyers.
Lawsuits filed in federal courts in Arkansas, Florida, and Texas seek to block the enforcement of a new rule that aims to close a loophole that has permitted tens of thousands of guns to be sold annually by unlicensed dealers who do not perform background checks to ensure the potential buyer is not legally prohibited from owning a firearm.
According to the News Service of Florida (NSF), on Monday, U.S. Department of Justice attorneys filed a 22-page motion in Tampa’s federal court, arguing that Florida lacks legal standing to challenge the rule finalized in April by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
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Florida Attorney General Ashley Moody filed the lawsuit on May 1, arguing that the rule would lead to a “surge” in background check requests that the state would be responsible for managing.
However, the Justice Department’s motion described these potential effects as “self-inflicted,” noting that the FBI could perform the background checks for the state. It stated that Florida “has made the voluntary decision to add a layer of bureaucracy” and, therefore, does not have standing to challenge the rule.
“The Federal Bureau of Investigation operates the federal firearms background check system and offers full background check services to states for free,” the motion stated. “The majority of states rely on the FBI to conduct background checks, incurring no costs or burdens. The federal government has not forced Florida to conduct background checks; Florida has voluntarily taken on that burden.”
Florida, along with other Republican-led states, has filed lawsuits challenging the rule, which stems from the 2022 Bipartisan Safer Communities Act. The ATF developed the rule to implement changes mandated by this federal law.
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When finalizing the rule, the Biden administration stated its goal was to close “loopholes” in the background check system. According to an overview on the White House website, “a growing number of unlicensed sellers continue to sell firearms for profit to complete strangers they meet at gun shows and online marketplaces, creating a critical gap in the background check laws.”
The rule redefines who is considered “engaged in the business” as a firearms dealer requiring a license. The revised definition, according to the motion, applies to individuals who “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.”
This definition excludes individuals who make occasional sales, exchanges, or purchases of firearms for personal collection enhancement or as a hobby, or those who sell all or part of their personal collection of firearms.
The Justice Department argued that the definition closely follows the 2022 law. However, Florida’s lawsuit claims the rule goes “far beyond” the law and violates the federal Administrative Procedure Act.
The lawsuit partially quoted federal law, stating the rule “obliterates the exception to the definition of ‘dealer’ for ‘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.’”
“Many gun owners buy and then resell firearms,” the lawsuit stated. “Sometimes they do so only to add to their personal collection. (However), sometimes increasing the value of that collection is one of their motives — just as collectors of other items hope their collections will gain value and potentially be resold for a profit.”
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Standing is a critical threshold that judges consider when deciding if lawsuits should proceed. While the motion focused on the standing issue, Justice Department attorneys also called the state’s arguments regarding the Administrative Procedure Act “meritless.”
The case is assigned to U.S. District Judge Charlene Edwards Honeywell. According to an online court docket, no hearing had been scheduled as of Wednesday morning.
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