Texas Attorney General Ken Paxton, backed by a cohort of GOP states, has taken legal aim at the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) via a lawsuit contesting new gun sales regulations, as reported by Nexstar's KXAN. The crux of the suit pertains to recently adopted changes by the ATF which expand the definition of a firearm "dealer," now roping in private sellers to adhere to similar criteria as commercial establishments, including mandated licensing and background checks.
The escalation in requirements by the ATF has triggered allegations of federal overreach and Second Amendment infringement, with Paxton publicly decrying President Biden's administration for what he considers an encroachment on constitutional rights, the assertion was during a news conference noted by FOX 4 News. "We will not let Biden continue his tyrannical abuse of power," Paxton stated, signaling his determination to contest the rule change on constitutional grounds.
Amplifying Paxton's message, Kansas Attorney General Kris Kobach underscored the constraints the new gun sales mandate would inflict on private citizens, illustrating a scenario as per his interview with FOX 4 News wherein a simple exchange of firearms between two individuals would now entail federal firearms licensing and a fee, "Under this new rule, if Ken and I were to trade guns one of us would have to get an FFL, pay $200 and have the ATF issue a license so one of us is now a dealer. Then the one who is a dealer would have to do a background check." The policy instituted by the ATF has also garnered defense from the Biden Administration, inclusive of assertions that it does not affect infrequent sellers' personal collections, or those simply disposing of an unwanted firearm without a profit motive.
Opposition from the White House was confronted by Stefanie Feldman, whom FOX 4 interviewed last month she serves as the director of the new National Gun Violence Protection Office, Feldman argued that the legislative alteration did not apply across the board but rather to those who might otherwise take advantage of private sale loopholes to turn a profit, "This is about people who are involved in commerce and trying to run a business to sell guns for profit. That's really who we're trying to reach," Feldman told FOX 4 News. Paxton, undeterred, maintains that the ATF's move strays beyond legislative parameters, and pledges fealty to the Second Amendment, "It's not their job to go beyond what Congress has allowed," he said. The legal challenge unfolds with Paxton confident of success in the Fifth Circuit Court of Appeals and poised for escalation to the U.S. Supreme Court if the battle progresses to that echelon.
