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IPFS News Link • ATF-Alcohol Tobacco and Firearms

26 States File Lawsuits In Federal Courts Over ATF Redefinition Of Gun Dealers

• https://www.zerohedge.com, by Michael Clements

Lawsuits in Florida, Texas, and Arkansas are asking the courts to block a rule from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that redefines "engaged in the business" of dealing in firearms.

Under the new rule, almost every transfer of firearm ownership would require at least one party to have a Federal Firearms License and perform a criminal background check, including private sales.

U.S. Attorney General Merrick Garland signed the new rule on April 10, and it goes into effect on May 10.

According to the 466-page rule, the only requirement for determining whether a person is engaged in the business of selling guns is whether the person is trading to "predominately earn a profit." Previously, the defining characteristic was whether the dealer worked to earn a "livelihood."

The new definition is in the Bipartisan Safer Communities Act (BSCA), signed into law on June 25, 2022.

In the Florida case, Florida Attorney General Ashley Moody filed suit in the U.S. District Court for the Middle District of Florida.

According to the lawsuit Ms. Moody filed on May 1, the act was passed to balance gun owners' rights against public safety concerns.

In the filing, Ms. Moody wrote that the BSCA's sponsors assured voters that the law clarified that dealers were only those who earned their livelihood from selling guns. Ms. Moody claims that President Biden is stretching the language of the act to fit his political agenda.

"Sensing an opportunity, the Biden Administration now seeks to exploit the minor changes to federal law enacted in the BSCA to implement President Biden's preferred policies by executive fiat," Ms. Moody wrote.