Press Release
FOR IMMEDIATE RELEASE
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MSLF Communications Dept.
Carina Constancio & MacKenzie Guy
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MOUNTAIN STATES FILES LAWSUIT AGAINST ATF’S REDEFINING OF “ENGAGEED IN THE BUSINESS” IN NEW FINAL RULE
MSLF’s Center to Keep & Bear Arms is joining 21 states in new lawsuit challenging yet another attempt by the ATF to overstep its authority.
LAKEWOOD, Colo. (May 1, 2024) — Today, Mountain States Legal Foundation joined the attorneys general of 21 states in filing suit in the Eastern District of Arkansas against Merrick Garland and the Bureau of Alcohol Tobacco and Firearms (ATF). This lawsuit challenges the ATF’s new Final Rule which redefines what qualifies as “Engaged in the Business” as a Dealer in Firearms.
Through this new Final Rule, the Biden administration has attempted to surreptitiously expand the definition of who qualifies as a “firearms dealer” to include anyone who sells or transfers firearms. Until now, only those who repetitively purchased and sold firearms as a regular course of business had to become a federal firearms licensee (FFL). However, under the ATF’s new directive, individuals selling or reselling even one firearm for profit, in any form, are automatically deemed dealers and required to obtain an FFL. This would put innocent firearms sales between law-abiding friends and family members within the reach of federal regulation and even felony criminal prosecution if the seller does not obtain an FFL and perform a background check on the person they intend to transfer the firearm to (including their family members and close friends). This move by the Biden administration represents a flagrant violation of constitutional bounds, bypassing Congress and employing executive action to implement near-universal background checks. Such measures effectively undermine private firearm sales across the nation.
Mountain States Legal Foundation will not allow this to stand without a fight.
In this fight, Mountain States is proud to represent Allen Black and Donald Maxey, two members of Chisholm Trail Antique Gun Association, who participate in gun shows to buy and sell firearms for personal collections. Neither Mr. Black nor Mr. Maxey are FFLs, but the ATF’s new Final Rule would significantly limit, if not completely prevent, them from exercising their Second Amendment rights in this manner.
Additionally, Mountain States Legal Foundation stands with the Chisholm Trail Antique Gun Association, a nonprofit organization dedicated to preserving the history and craftmanship surrounding the arms of our forefathers. Chisholm Trail relies on proceeds from the gun shows they host in Kansas each year to fund its preservation efforts.
Together with our partners, including the Hamilton Lincoln Law Institute, Mountain States Legal Foundation seeks a declaration that the ATF’s new Final Rule violates the Second Amendment, as well as an injunction that would block the ATF’s new Final Rule from being enforced against the plaintiffs and every other gun owner who might be subjected to its provisions.
Mountain States Legal Foundation (MSLF) is a nonprofit, public-interest legal firm established in 1977. MSLF is dedicated to individual liberty, limited and ethical government, and the benefits of the free enterprise system. MSLF defends its clients through pro bono litigation and seeks victory for its clients at the highest level possible to establish binding legal precedents to benefit millions of Americans. Through its litigation and public discourse, MSLF educates the American public on the threat unrestrained government presents to our liberties. Learn more at mslegal.org