Half the Country's Attorneys General Challenge New Gun Dealer Definition in Court
Lawsuits Filed Against Biden Administration's New Rule
On May 1, attorneys general from 26 states filed lawsuits against the Biden administration, challenging a new rule that mandates criminal background checks for all gun sales, including private ones.
Changes to the Definition of Gun Dealers
The lawsuits, filed in Florida, Texas, and Arkansas, are seeking to block a new rule from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that changes the definition of what it means to be "engaged in the business" of dealing in firearms. The new rule stipulates that nearly every transfer of firearm ownership would require at least one party to possess a Federal Firearms License and conduct a criminal background check, even for private sales.
Details of the New Rule
U.S. Attorney General Merrick Garland signed this new rule on April 10, and it was set to go into effect on May 10. The rule, which spans 466 pages, states that the only requirement for determining if a person is engaged in the business of selling guns is whether the person is trading to predominantly earn a profit. This is a shift from the previous definition, which required the dealer to be working to earn a livelihood. This new definition is included in the Bipartisan Safer Communities Act (BSCA), which was signed into law on June 25, 2022.
Florida's Lawsuit
In Florida, the state's Attorney General Ashley Moody filed a lawsuit in the U.S. District Court for the Middle District of Florida. According to the lawsuit, the BSCA was passed to balance the rights of gun owners against public safety concerns. Moody alleges that President Biden is manipulating the language of the act to align with his political agenda.
Other Lawsuits
The lawsuits filed in Texas and Arkansas also criticize the new rule, describing it as an unconstitutional infringement on Americans' Second Amendment rights and an illegal attempt to bypass the U.S. Congress to enact "universal background checks." Each lawsuit requests that its respective court block the enforcement of the rule and find it in violation of the U.S. Constitution and the Administrative Procedures Act.
ATF and White House Response
In response to the lawsuits, ATF spokesperson Kristina Mastropasqua stated that the agency had no comment. The White House also did not respond to requests for comment from The Epoch Times.
Attorneys General Defend Constituents' Rights
The attorneys general argue that they are defending the rights of their constituents. They believe the new rule reverses decades of legal precedence that protected the right of private parties to buy, sell, or trade firearms without government interference.
Conclusion
The new rule concerning the definition of gun dealers and the requirement for background checks has sparked controversy and legal challenges. The outcome of these lawsuits could have significant implications for gun ownership and sales in the United States. What are your thoughts on this matter? Share this article with your friends and discuss. Don't forget to sign up for the Daily Briefing, which is delivered every day at 6pm.
