In what has been described as a significant challenge to President Biden’s administration, a group of 21 conservative-led states has filed a lawsuit against a new federal rule aimed at expanding background checks on gun sales, according to multiple reports. The legal battle spearheaded by states such as Arkansas, Iowa, and Kansas is a response to the administration’s efforts to tighten gun regulations, specifically targeting the so-called “gun show loophole.”
Arkansas Attorney General Tim Griffin, one of the leaders of the coalition, lambasted the new rule as an “attempt to do what … the administration couldn’t get through the Congress,” branding it as “arbitrary and capricious.” The rule, adopted on April 19, broadens the definition of a firearms dealer, effectively requiring more individuals to be licensed and to conduct background checks on prospective gun buyers.
This collective legal maneuver comes in the wake of the Bipartisan Safer Communities Act of 2022, which the White House has hailed as the only significant expansion of the background check requirement since 1993. However, the lawsuit’s proponents argue that this administrative action oversteps executive powers and should have been subjected to the legislative process.
At the center of the legal fray is the interpretation of who qualifies as “engaged in the business” of selling firearms. Previously, this definition applied to individuals who repetitively purchased and sold firearms as a regular course of business. However, the new rule could encompass anyone “who sells or resells even one firearm with the intent to profit (no matter how little), combined with other (nebulously defined) evidence,” as a dealer who must be licensed.
Griffin also referenced a tragic ATF raid that resulted in the death of Bryan Malinowski, the director of Little Rock’s airport, suspected of dealing firearms without a license. This incident, he argued, highlighted the ambiguities surrounding firearm dealing and the necessity for clear government guidance, which the new rule allegedly does not provide.
The Biden administration defends the rule as a necessary step to close the “gun show or online sale loopholes,” ensuring that individuals conducting business akin to brick-and-mortar stores are subject to the same regulations, including mandatory licensing and background checks. The rule also purports to grant the Department of Justice additional tools to crack down on individuals who sell guns illegally without background checks. A carveout for collectors and hobbyists is also included, distinguishing personal collections from business inventory.
Despite the White House’s position, the coalition’s lawsuit argues that the rule imposes an undue burden on individuals who engage in occasional firearm sales and could infringe upon Second Amendment rights. The rule also faces criticism for being enacted without Congressional approval.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which is targeted in the lawsuit, declined to comment on the ongoing litigation.
Relevant articles:
– Conservative-led states sue Biden administration over ‘gun show loophole’ rule, USA TODAY, 05/03/2024
– GOP-led states sue Biden administration over new rules aimed at closing ‘gun show loophole’, CNN, 05/01/2024
– Iowa joins conservative-led states suing Biden administration over ‘gun show loophole’ rule, AOL, 05/02/2024
– Conservatives States Sue ATF over Rule Intended to Close ‘Gun Show Loophole’ – Tickle The Wire, ticklethewire.com, 05/02/2024
– 21 Conservative States File Lawsuit Over Expanded Gun Dealer Regulations, The Stock Dork, 05/02/2024