Buckeye Reporter

On May 1, a total of 26 states filed three separate lawsuits against the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) new rule that redefines who is “engaged in the business” of dealing in firearms. The National Rifle Association (NRA) had previously warned that this rule could potentially criminalize tens of thousands of law-abiding citizens for exercising their constitutional rights by selling even a single firearm.

The first lawsuit, Kansas, et al. v. Garland, et al., was led by a coalition of 21 states and filed against Attorney General Merrick Garland, ATF, ATF Director Steven Dettelbach, and the Department of Justice in the Eastern District of Arkansas. The plaintiffs argue that the rule should be invalidated on several grounds: under the Administrative Procedure Act because the ATF exceeded its authority by redefining various terms in federal law; under the Second Amendment because it infringes on the right to sell arms; under the Separation of Powers as it allows the executive branch to both interpret and rewrite a federal statute; and due to its vagueness which fails to provide clear guidance on what conduct is prohibited.

The second suit, Texas, et al. v. ATF, et al., was led by Texas, Louisiana, Mississippi, and Utah. It was filed in the Northern District of Texas against the same defendants as the first lawsuit and echoes many similar arguments. However, these plaintiffs additionally contend that the rule violates the Fourth Amendment by granting ATF authority to enter any licensed dealer’s premises during business hours to inspect their records, documents or firearms.

The third suit was Florida v. ATF, et al., filed by Florida against identical defendants in the Middle District of Florida. This lawsuit challenged the rule for several violations of the Administrative Procedure Act.

In response to these lawsuits, an NRA statement commended these states for defending their citizens' right to keep and bear arms: “The NRA applauds the coalition of States for boldly challenging the Biden Administration’s rogue ATF, which has relentlessly assailed Second Amendment rights. Undeterred by having three of its most recent Rules restricting gun rights invalidated by federal courts, the ATF’s new Rule restricts Americans’ rights to sell even a single firearm. The ATF has exceeded its authority once again, and we expect that this new Rule will be invalidated as well.”