Texas and Kansas are spearheading separate multi-state lawsuits contesting a recent ATF regulation aimed at criminalizing private firearm sales. They argue that the rule is unlawful, unconstitutional, and runs counter to congressional intent, Second Amendment rights, and principles of due process.
On Wednesday, Texas Attorney General Ken Paxton and Kansas Attorney General Kris Kobach revealed that they are spearheading two distinct multi-state lawsuits against a recent regulation issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives. This rule aims to criminalize private firearm sales.
The attorneys general contend that the rule, released on April 19, is both illegal and unconstitutional. They assert that it significantly broadens the definition of a firearm dealer and has the potential to unjustly cast hundreds of thousands of law-abiding gun owners as presumed guilty for engaging in private sales and trades of firearms.
Paxton declared at a press conference held at a Frisco, Texas gun range, “Joe Biden is attempting to alter this through regulatory redefinition, executive directives, and loopholes crafted to circumvent our Constitution. He has shown utter disrespect and disregard for the democratic process.”
In the Northern District of Texas, Texas is filing its lawsuit, while Kansas is spearheading a legal action in the Eastern District of Arkansas. Both lawsuits contend that the ATF rule breaches the statutory definition of a firearms dealer as established by Congress, encroaches upon Second Amendment rights, and is sufficiently ambiguous to contravene due process.
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