Texas v. BATF
State of Texas v. Bureau of Alcohol Tobacco Firearms and Explosives, No. 2:24-cv-00089, is a lawsuit in federal court in Amarillo, Texas, in which the judge enjoined an expansive redefinition of who is a gun dealer:[1]
Plaintiffs’ Motion for a preliminary injunction is GRANTED. Defendants are hereby ENJOINED from enforcing the regulations — “Definition of ‘Engaged in the Business’ as a Dealer in Firearms” — published at 89 Fed. Reg. 28968 (April 19, 2024) (to be codified at 27 C.F.R. pt. 478) against all Plaintiffs pending the resolution of this lawsuit.
The new BATF rule expands the definition of who is "engaged in the business" of dealing in firearms and therefore required to conduct federal background checks.[2]
The injunction protects the plaintiffs in the case against the liberal, apparently unjustified regulation:
STATE OF TEXAS, STATE OF LOUISIANA, STATE OF MISSISSIPPI, STATE OF UTAH, JEFFREY W. TORMEY, GUN OWNERS OF AMERICA, INC., GUN OWNERS FOUNDATION, TENNESSEE FIREARMS ASSOCIATION, and VIRGINIA CITIZENS DEFENSE LEAGUE.
This lawsuit received publicity when it was filed.[3][4]
Similar lawsuits
On May 1, 2024, a total of 26 Republican states filed 3 separate lawsuits against the new rule. [5][6]
Kansas and 20 other states sued the BATF, in challenging this new rule, in Helena, Arkansas, where the case was assigned to a Dem-appointed judge. [7] [8][9]
Florida sued the BATF to overturn this new rule, in Tampa.[10][11]
References
- ↑ https://www.courtlistener.com/docket/68490853/state-of-texas-v-bureau-of-alcohol-tabacco-firearms-and-explosives/
- ↑ https://www.govinfo.gov/content/pkg/FR-2024-04-19/pdf/2024-07838.pdf
- ↑ https://www.texasattorneygeneral.gov/sites/default/files/images/press/ATF%20Private%20Sales%20Lawsuit%20Filed.pdf
- ↑ https://www.cnn.com/2024/05/01/politics/gun-show-loophole-lawsuit-biden-administration/index.html
- ↑ https://apnews.com/article/biden-gun-show-background-checks-lawsuit-25b1d7eb7711939e73bee89838f4c318
- ↑ https://www.thecentersquare.com/national/article_c8c3ee96-07e1-11ef-acb2-6b844fe5cd3f.html
- ↑ https://ag.ks.gov/docs/default-source/documents/atf-complaint-(filing).pdf?sfvrsn=34c8be1a_8
- ↑ https://arkansasag.gov/news_releases/attorney-general-griffin-co-leads-21-state-coalition-in-suit-challenging-atf-gun-show-loophole-rule/
- ↑ https://ag.ks.gov/media-center/news-releases/2024/05/01/kobach-leads-21-state-coalition-in-defense-of-second-amendment
- ↑ https://www.myfloridalegal.com/sites/default/files/2024-05/atf-complaint_as-filed.pdf
- ↑ https://floridapolitics.com/archives/672428-ashley-moody-among-26-republican-ags-suing-to-block-joe-biden-rule-requiring-background-checks-at-gun-shows/