26 States File Lawsuits in Federal Courts Over ATF Redefinition of Gun Dealers

Attorneys general representing half of the country filed lawsuits on May 1 claiming that a new rule requiring criminal background checks for all gun sales violates the Administrative Procedures Act and the U.S. Constitution. The lawsuits, filed in Florida, Texas, and Arkansas, seek to block the rule from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that redefines the criteria for being “engaged in the business” of dealing in firearms. The rule, signed by U.S. Attorney General Merrick Garland on April 10, expands the requirement for background checks to almost every transfer of firearm ownership, including private sales. The lawsuits argue that the new rule infringes on Americans’ Second Amendment rights and circumvents Congress to enact “universal background checks.” The attorneys general are asking the courts to declare the rule unconstitutional and block its enforcement. Pratt argued that the rule should be completely invalidated, stating, “Anything less would only embolden this oppressive administration to persist in twisting ambiguous laws into tactics designed to constantly oppress and frighten gun owners and sellers.”

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