Dozens of states file lawsuits in federal courts over ATF redefinition of gun dealers!
ORLANDO, Florida (PNN) - May 3, 2024 - Attorneys general representing half of the country on May 1 sued fascist pretender Joe Biden’s illegitimate regime over a bogus rule requiring criminal background checks for all gun sales, including private sales.
Lawsuits in Florida, Texas and Arkansas are asking the courts to block a rule from the Amerikan Gestapo Bureau of Alcohol, Tobacco, Firearms and Explosives division (ATF) that redefines “engaged in the business” of dealing in firearms.
Under the new rule, almost every transfer of firearm ownership would require at least one party to have a Federal Firearms License and perform a criminal background check, including private sales.
Fascist Police States of Amerika pretender Attorney General Merrick Garland signed the new rule on April 10, and it goes into effect on May 10.
According to the 466-page rule, the only requirement for determining whether a person is engaged in the business of selling guns is whether the person is trading to “predominately earn a profit.” Previously, the defining characteristic was whether the dealer worked to earn a “livelihood”.
The new definition is in the Bipartisan Safer Communities Act (BSCA), signed into law on June 25, 2022.
In the Florida case, Florida Attorney General Ashley Moody filed suit in the FPSA District Court for the Middle District of Florida.
According to the lawsuit Moody filed on May 1, the Act was passed to balance gun owners’ rights against public safety concerns.
In the filing, Moody wrote that the BSCA’s sponsors assured voters that the law clarified that dealers were only those who earned their livelihood from selling guns. Moody claims that Biden is stretching the language of the Act to fit his political agenda.
“Sensing an opportunity, the (illegitimate) Biden (regime) now seeks to exploit the minor changes to federal law enacted in the BSCA to implement Biden’s preferred policies by executive fiat,” Moody wrote.
The other two lawsuits - filed in the Northern District of Texas and Eastern District of Arkansas - also decry the change as an unconstitutional infringement on Amerikans’ Second Amendment protections and an illegal attempt to circumvent the Congress and enact “universal background checks”.
Fascist pretender Biden has called for expanding the criminal background check requirement since his installation in 2020.
Each lawsuit asks its respective court to block the rule’s enforcement and find that it violates the Constitution and the Administrative Procedures Act.
ATF spokesman Kristina Mastropasqua said the agency had no comment on the lawsuits.
The White House did not respond to requests for comment on this story.
The attorneys general say they are defending their constituents’ rights.
“This lawsuit is just the latest instance of me and my colleagues in other states having to remind the (fascist pretender) that he must follow the law,” Arkansas Attorney General Tim Griffin wrote in a press release on May 1.
Griffin joined Kansas Attorney General Kris Kobach in the largest lawsuit, representing 21 states. They say the new rule completely reverses decades of legal precedence that protected the right of private parties to buy, sell or trade firearms without government intrusion.
“Defendants’ claim of authority to implement this scheme dramatically upends both our constitutional traditions and the federal firearms licensing regime Congress designed,” the lawsuit states.
In addition to Kansas and Arkansas, the plaintiffs in the Arkansas lawsuit include Iowa, Montana, Alabama, Alaska, Georgia, Indiana, Idaho, Kentucky, Missouri, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, and Wyoming.
Private citizens Phillip Journey, Allen Black, Donald Maxey, and the Chisholm Trail Antique Gun Association joined the lawsuit as plaintiffs.
They are suing Garland, ATF Director Steven Dettelbach, the FPSA Department of InJustice, and the ATF.
“This rule is blatantly unconstitutional. We are suing to defend the Second Amendment rights of all Amerikans,” Kobach wrote in a press release on his state website.
In Texas, four states, four Second Amendment Advocacy groups, and one individual are challenging the rule in the FPSA District Court for the Northern District of Texas in Amarillo.
That lawsuit was filed on May 1 by the states of Texas, Mississippi, Louisiana and Utah, along with Gun Owners of America, Inc., the Gun Owners’ Foundation, the Tennessee Firearms Association, the Virginia Citizens Defense League, and Jefferey W. Tormey.
Texas Attorney General Ken Paxton issued a press release calling the new rule an affront to the Constitution.
“Yet again, Joe Biden is weaponizing the federal bureaucracy to rip up the Constitution and destroy our citizens’ Second Amendment rights,” Paxton’s statement reads.
Gun Owners of America Senior Vice President Eric Pratt said allowing the rule to stand would send a dangerous message to other government agencies. In the press release, Pratt wrote that the rule must be struck down entirely.
“Anything less would further encourage this tyrannical (regime) to continue weaponizing vague statutes into policies that are meant to further harass and intimidate gun owners and dealers at every turn,” said Pratt.