Texas and Kansas are leading two multi-state lawsuits against a new ATF rule that would criminalize private firearm sales, arguing it is illegal, unconstitutional, and violates congressional intent, Second Amendment rights, and due process.
A total of 26 Republican states filed three separate lawsuits against the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Department of Justice, and their corresponding leaders over the Biden administration’s new gun-control rule that will regulate the private selling and purchasing of firearms.
Each federal lawsuit, filed Wednesday, argues the ATF rule violates the Second Amendment by placing undue gun restrictions on American citizens. According to the rule, any person who sells a gun for profit to anyone else, including family members, would be considered “engaged in the business” of dealing in firearms. Therefore, a private seller would be required to obtain a federal firearms license and conduct a background check before making a transaction. Those who violate the rule’s provisions would be considered felons.
Kansas attorney general Kris Kobach and Texas attorney general Ken Paxton led two multistate lawsuits, while Florida attorney general Ashley Moody filed her own.
By David Zimmermann