Several GOP-led states, including Texas, Louisiana, Mississippi, and Utah, have filed a lawsuit against the Biden administration over a federal rule that will require background checks for people selling firearms online and at gun shows. The states argue that the Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its authority in implementing the rule and that it violates the Second Amendment. The lawsuit was also brought on behalf of gun rights groups and an individual gun owner from Texas.
The lawsuit claims that the requirement for obtaining a license to deal in firearms is a modern invention and argues that federal law has defined “dealer” for over 80 years without requiring such a license. It describes the new rule as an attempt by the ATF to implement gun control legislation through bureaucratic fiat rather than through legislation. The defendants in the lawsuit include the ATF, the bureau’s director, the Justice Department, and Attorney General Merrick Garland.
The suit was filed in Amarillo, Texas, ensuring that it would be assigned to Matthew Kacsmaryk, a conservative judge known for issuing nationwide injunctions against federal policies. The new ATF rule, set to take effect on May 20, aims to close the “gun show loophole” by tightening the requirements for obtaining a federal firearms license and defining what it means to be “engaged in the business” of selling firearms. The Justice Department claims that by making the term more definitive, they hope to regulate the market better and increase compliance with background check requirements.
Both the DOJ and ATF declined to comment on the lawsuit. The lawsuit raises concerns about the overreach of the federal government and argues that the new rule goes beyond what is allowed under the Second Amendment. It alleges that the ATF is attempting to enact substantial gun control legislation through administrative action rather than through the proper legislative process. The outcome of the lawsuit could have significant implications for gun regulations at the federal level.
In addition to the states involved in the lawsuit, gun control advocates have praised the new rule as a necessary step to close loopholes in the system and improve background checks for gun buyers. They argue that stricter regulations are needed to prevent gun violence and protect public safety. However, opponents of the rule see it as an infringement on their Second Amendment rights and an unnecessary burden on law-abiding gun owners.
The lawsuit filed by the GOP-led states is part of a broader debate over gun control in the United States, with advocates on both sides pushing for policies that they believe will promote safety and protect constitutional rights. The legal battle over the ATF rule is likely to continue as both sides seek to advance their respective agendas and influence the direction of federal gun regulations.
