Another day, another Texas lawsuit against Biden Administration “legislation by regulatory fiat” overreach.
Texas Attorney General Ken Paxton, alongside Kansas Attorney General Kris Kobach and Gun Owners of America Texas director Wes Virdell, held a press conference on Wednesday morning announcing the filing of two lawsuits against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regarding new rules about private firearm sales.
U.S. Attorney General Merrick Garland announced new rules adding definitions of certain terms under the Safer Communities Act that will expand the circumstances requiring individuals to obtain Federal Firearm Licenses (FFL) and perform background checks to sell guns. This is to close the so-called “gun show loophole,” which has been a priority for the Biden administration.
If they are talking about the Bipartisan Safer Communities Act of 2022, there’s absolutely nothing in the text of the act about closing any “gun show loophole.”
Texas’ lawsuit was filed on the morning of May 1, 2024 in the United States District Court for the Northern District of Texas, Amarillo Division. It was filed by Texas with the states of Louisiana, Mississippi, and Utah; Jeff Tormey; Gun Owners of America; Gun Owners Foundation; Tennessee Firearms Association; and the Virginia Citizens Defense League also listed as plaintiffs.
Kansas’ lawsuit was filed on the morning of May 1, 2024 in the United States District Court for the Eastern District of Arkansas, Delta Division. It was filed by Kansas alongside the states of Arkansas, Iowa, Montana, Alabama, Alaska, Georgia, Idaho, Indiana, Kentucky, Missouri, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, and Wyoming, with Phillip Journey, Allen Black, Donald Maxey, and the Chisholm Trail Antique Gun Association also listed as plaintiffs.
Both lawsuits seek declaratory and injunctive relief.
“Today, Texas is leading a multi-state coalition that is suing to stop the final rule issued by the ATF that criminalizes private firearm sales. Biden’s latest effort to unilaterally curtail our constitutional rights is completely illegal,” said Paxton in his speech.
“Yet again, Joe Biden is weaponizing the federal bureaucracy to rip up the Constitution and destroy our citizens’ Second Amendment rights. This is a dramatic escalation of his tyrannical abuse of authority. With today’s lawsuit, it is my great honor to defend our Constitutionally-protected freedoms from the out-of-control federal government.”
Kobach also spoke at the announcement of the lawsuits.
“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. This rule is blatantly unconstitutional. We are suing to defend the Second Amendment rights of all Americans,” said Kobach.
“Until now, those who repetitively purchased and sold firearms as a regular course of business had to become a licensee… This rule would put innocent firearm sales between law-abiding friends and family members within reach of federal regulation,” the Kansas court filing reads. “Such innocent sales between friends and family would constitute a felony if the seller did not in fact obtain a federal firearms license and perform a background check.”
While not at the announcement, the attorneys general of Utah and Mississippi both offered statements in the lawsuit’s press release.
“Nearly 40 years ago, Congress condemned ATF for targeting innocent gun owners instead of focusing on felons, calling ATF’s actions ‘reprehensible.’ Congress even changed the law to limit ATF’s authority. But ATF is at it again, this time trying to require a citizen selling even a single firearm to obtain a license. Utah is proud to join the 26 states — in three separate lawsuits— protecting their citizens from this bureaucratic overreach.” said Utah Attorney General Sean Reyes.
“By seeking to treat every legal gunowner as a commercial gun dealer and every gun sale or trade into a commercial transaction, this rule unmasks the Biden Administration’s anti-gun agenda in ways many of its other actions have not. The Second Amendment could never have contemplated this kind of regulation and it will not withstand scrutiny in the courts. On behalf of Mississippi gunowners, we are proud to stand with the citizens who have come forward in this lawsuit,” said Mississippi Attorney General Lynn Fitch.
Twenty-five states are suing the ATF across both lawsuits. Florida has also filed its own suit against the ATF for declaratory and injunctive relief about the same rule.
For those counting along on the home game, that’s more than half the states in the union suing the Biden Administration over their latest attempt at gun legislation by fiat.
This is not the first lawsuit that Paxton has filed against the ATF this year. In February, the State of Texas sued the ATF over the Biden administration’s recent decision to redefine firearms with pistol braces as short-barrelled rifles under the National Firearms Act (NFA).
Complete civilian disarmament has been a longterm goal of the Democratic Party, and to that end they would love to ensnare ordinary Americans in FFL laws and paperwork for private firearms transactions, despite such restrictions never being contemplated by the founding fathers. In the post-Bruen judicial landscape, expect the courts to be extremely skeptical of unconstitutional firearms regulation, especially those with no basis in the underlying statute language, and expect Paxton to notch another victory over the Biden Admistration in his belt.
Tags: Alabama, Alaska, Arkansas, ATF, Democrats, Federal Firearm License (FFL), Florida, Georgia, Gun Owners of America, Guns, Idaho, Indiana, Iowa, Jeff Tormey, Kansas, Ken Paxton, Kentucky, Kris Kobach, Lynn Fitch, Merrick Garland, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New York State Rifle and Pistol Association v. Bruen, North Dakota, Oklahoma, Regulation, Republicans, Sean Reyes, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wes Virdell, West Virginia, Wyoming
“[T]hey they would love to ensnare ordinary Americans in FFL laws and paperwork for private firearms transactions, despite such restrictions never being contemplated by the founding fathers.“
It is just remotely possible that criminalizing private firearms transactions was the end game for the GCA 68. This ought to highlight the peril of having alphabet agencies act as their own legislative authority while simultaneously adjudicating and enforcing those same legislative acts.
The Administrative State must die if the Constitutional Republic is to regain its lost glory.
Another question is what happens when the Federal Government begins selectively ignoring adverse court rulings on Constitutional issues? Given how they have been acting, that is not an unreasonable question.
Subotai Bahadur
“Another question is what happens when the Federal Government begins selectively ignoring adverse court rulings on Constitutional issues?”
This is already happening.
“Another question is what happens when the Federal Government begins selectively ignoring adverse court rulings on Constitutional issues?”
Then the Second Amendment becomes extremely relevant.
Buy them while you can, stockpile ammunition in common calibers, practice headshots, and get training.
Don’t just sit and wait. Prepare for the worst.
In order to prevent tyranny, the government should rightly fear the governed. Not the other way around.
We have let these assholes run roughshod over us for far too long. The first asshole that came up with “qualified immunity” should have been dragged out of his courtroom, put on trial by the citizens of his jurisdiction, and then hung by the neck until dead. As should every other asshole that dared perpetrate such a fraud.
The fact that we didn’t, and let it slide? Our fault; the precedent got established, and emboldened them. Were the control freaks on notice that a step too far could earn them an appointment with the local lamp post? They’d be far more careful not to violate our rights.
The biggest problem in today’s America is that there’s little to no accountability or responsibility enforced by the people. We all just shake our heads and say “That’s ‘effed up…” while continuing to allow these arseholes to do what they do. That judge in Seattle, that released a mass shooter on pre-trial release? Why is she not on trial, herself? Why do these creatures continue to tear down the fabric of society, without anyone doing anything?
Our own damn fault, really. If judges like that knew that they’d be held accountable for the actions of the people they cavalierly release like that, they’d be far less likely to do such things. No fear; no accountability, and eventually, no civilization.
[…] #RESIST: Texas Sues Biden Over New ATF Rule. […]
I’m convinced that all of our rights are under assault by the Democrats. Consider how the first amendment right of freedom of speech in under assault by the collusion of the web service providers and the government. FISA is an assault on out 4th amendment rights. Even though the 3rd is about quartering troops we’ve seen invitations to the public to house “newcomers” (illegal aliens).
They specifically wiped out the “kitchen table dealers” in the 90’s with draconian storage requirements to prevent people from being “dealers” to further their own collecting. If they want universal background checks, open NICS to the public. The fact that they won’t, demonstrates their lack of seriousness.
” “Another question is what happens when the Federal Government begins selectively ignoring adverse court rulings on Constitutional issues?”
This is already happening.:
Then the states will start selectively ignoring adverse government actions on Constitutional issues. This is also already happening, on both sides.