The states of Louisiana, Mississippi and Utah along with other organizations joined the filing.
The fight against the latest ATF overreach in requiring background checks for private gun sales just intensified.
In yet another controversial action, the agency redefined the meaning of being “engaged in the business” of selling firearms. The intended result was to force citizens — now unlicensed sellers — to implement the National Instant Criminal Background Check System (NICS) before a private transaction.
The ATF also greatly expanded the previous “profit” standard to include “pecuniary gain.” This meant that even the simple act of bartering or horse-trading could trigger the need for a background check.
The rule states that “the definition of ‘dealer’…as a wholesale or retail dealer may occur ‘at any other domestic or international public or private marketplace or premise.’”
In other words, selling a deer rifle to your cousin could require the NICS.
GOA Senior Vice President Eric Pratt explained his organization’s stance on this contentious issue.
“Criminalizing untold numbers of Americans for simply selling a firearm in a private party transaction is wrong, unconstitutional, and must be halted by the courts.”
Pratt added that to fail to counteract the ATF would be equivalent to permitting the agency “to continue weaponizing vague statutes into policies that are meant to further harass and intimidate gun owners and dealers at every turn.”
Texas AG Ken Paxton echoed the GOA position, accusing Washington of “weaponizing the federal bureaucracy to rip up the Constitution and destroy our citizens’ Second Amendment rights.” The state official classified the latest ATF action as a “tyrannical abuse of authority.”
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