From Your Cold, Dead Hands...Texas Sues Feds Over Private Gun Sales

AUSTIN – A coalition of states, led by Texas Attorney General Ken Paxton, is mounting a legal challenge against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), accusing the federal agency of overstepping its bounds and infringing upon Americans' Second Amendment rights.

Joined by Louisiana, Missouri, and Utah, Attorney General Paxton filed a lawsuit against the ATF, contesting what they deem as unlawful attempts to restrict the private sale of firearms. The coalition argues that the ATF's recent Final Rule exceeds its congressional mandate, branding it as arbitrary, capricious, and a blatant violation of constitutional rights.

The controversy stems from the ATF's publication of a new regulation on April 19, 2024, which the coalition contends would unjustly subject countless law-abiding gun owners to potential criminalization for engaging in constitutionally protected private firearm transactions. Despite previous congressional recognition and protection of such transactions, the ATF's regulatory move has drawn sharp criticism from proponents of Second Amendment rights.

Attorney General Paxton minced no words in his condemnation of the ATF's actions, accusing the Biden administration of weaponizing federal agencies to erode constitutional freedoms. Paxton characterized the lawsuit as a necessary defense against what he perceives as government overreach.

Joining the legal battle are several advocacy groups, including Gun Owners of America (GOA), the Virginia Citizens Defense League, and the Tennessee Firearms Association, who have aligned themselves as co-plaintiffs. GOA Vice President Erich Pratt emphasized the potential ramifications of the ATF's regulation, labeling it as unconstitutional and calling for judicial intervention to halt its enforcement.

Echoing similar sentiments, Utah Attorney General Sean Reyes highlighted historical rebukes of ATF overreach by Congress and pledged Utah's support in protecting citizens from what he described as bureaucratic overreach.

Mississippi Attorney General Lynn Fitch underscored the far-reaching implications of the ATF's rule, arguing that it equates every legal gun owner with commercial gun dealers and transforms routine transactions into commercial activities. Fitch vowed to stand with Mississippi gun owners in challenging what she sees as an affront to Second Amendment principles.

The lawsuit signifies a broader clash between states asserting their sovereignty and federal agencies perceived as encroaching upon individual liberties, particularly regarding gun rights—a topic of immense significance in Texas and other states with strong Second Amendment traditions.