Twenty-six Republican attorneys general have filed lawsuits challenging a new Biden administration rule that mandates firearms dealers at gun shows and other venues outside traditional stores to conduct background checks on buyers.
The lawsuits, filed in federal courts in Arkansas, Florida, and Texas, aim to block the enforcement of the rule, which seeks to close a loophole allowing unlicensed dealers to sell guns without conducting background checks.
The legal challenge argues that the rule violates the Second Amendment of the U.S. Constitution and asserts that President Joe Biden lacks the authority to implement such regulations.
Arkansas Attorney General Tim Griffin stated, “Congress has never passed into law the ATF’s dramatic new expansion of firearms dealer license requirements, and President Biden cannot unilaterally impose them.” He emphasized that the lawsuit serves as a reminder to the president to abide by the law.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Department of Justice refrained from commenting on the lawsuit. However, Biden administration officials have expressed confidence that the rule, which received over 380,000 public comments, will withstand legal challenges.
The lawsuit sets the stage for a potential legal battle despite the intensifying 2024 presidential campaign, with both sides likely to mobilize around the issue of gun control.
While GOP voters advocate for fewer restrictions on firearms, Democrats push for more stringent regulations. President Biden has prioritized gun violence prevention, creating the White House Office of Gun Violence Prevention and calling on Congress to ban assault weapons.
Gun control advocates, such as Kris Brown, president of the Brady group, have welcomed the new rule on background checks, emphasizing its importance in reducing gun violence. They argue that closing loopholes in the national system is crucial for preventing further loss of lives due to gun violence.