Kansas Attorney General Kris Kobach is yet again leading the charge to end unconstitutional federal overreach. This time, Biden’s ATF is in his sights. And the lawsuit Kobach and fellow Attorneys General are filing in federal court today seeks to terminate an illegal attempt by the ATF to circumvent Congress’ definition of ‘being engaged in the business of selling firearms.’
The Washington Times on Tuesday published a guest opinion piece by AG Kobach (well-worth reading) going into detail about the ATF’s recently finalized rule and how it attempts to do an end-run around Congress, turning everyday Americans buying, selling, and trading firearms with one another into felons in the process.
We’ve talked before about other efforts to hold the ATF accountable for its relentless campaign to prevent law-abiding Americans from owning firearms, including the RIFLE Act introduced in Congress by our own Kansas Congressman Tracey Mann. Given Kansas’ overwhelming support for our Second Amendment freedoms, it’s only appropriate that today’s effort by state Attorneys General to appeal to the courts to address overreach is being led by Kansas Second Amendment champion Kris Kobach.
What does the ATF rule do?
In short, the rule attempts to eliminate private sales of firearms. The rule redefines what it is to be ‘engaged in the business of dealing firearms’ in such a broad way that millions of Americans are included in the definition without even knowing it.
Who will the rule impact?
The rule impacts anyone who fails to get a federal firearm dealer license and conduct a background check before selling or transferring a firearm for a ‘profit’. Even a negligible profit could be used in prosecution. Attorney General Kobach’s opinion piece in The Washington Times provides some examples that include a widow selling a shotgun to a family friend, an individual realizing they don’t like a handgun they purchased new and selling it used to a neighbor for the same price it was originally purchased new, two hunting buddies that trade shotguns after realizing they each shoot the other gun better, or a person who sells a firearm or two so they can get a new one for their collection. Under the ATF’s outrageous and illegal definition, all of these individuals should have registered as an FFL instead of making a private sale and could be charged with a felony for failing to do so.
Where can I learn more about the lawsuit?
Check back here for more updates as they become available. You can also follow our updates on Facebook, X (formerly Twitter), YouTube, and Instagram. You can follow Attorney General Kobach’s Facebook and X (formerly Twitter) accounts for updates as well.
Also, you can read the text of the filing here!
See also: Attorney General Kobach and five other Attorneys General participate in a forum at 2024 SHOT Show hosted by the NSSF.
