FRISCO, Texas — Texas Attorney General Ken Paxton is suing the Biden Administration again, this time over new rules on private gun sales.
Along with Kansas Attorney General Kris Kobach, Paxton announced the lawsuit at a Frisco gun shop and shooting range, attempting to block a new rule that would require licenses for all gun sellers and federal background checks on all gun purchases including at gun shows or in private transactions.
In April, the Bureau of Alcohol Tobacco and Firearms published updated rules on private gun sales as a result of the Bipartisan Safer Communities Act: broadening the definition of when a person is "engaged in the business" as a dealer in firearms. The Biden Administration, in the initial announcement of the rules changes, said it was an attempt to "stem the flow of illegally acquired firearms into our communities and hold accountable those who supply the firearms used in crime."
The administration specifically cited the mass shooting in Midland-Odessa in 2019 where the gunman, was denied gun purchases from licensed dealers because of his mental health history, and eventually purchased his weapon online.
Paxton however, in announcing a "multistate coalition" including Louisiana, Missouri, and Utah, sued the Bureau of Alcohol, Tobacco, Firearms and Explosives, claiming that the restrictions are "arbitrary and capricious" and "go beyond the authority granted to the agency by Congress."
"Throughout our country's history, private citizens have bought and sold firearms and their freedom to do so is guaranteed by the U.S. Constitution. With today's lawsuit it is my great honor to stand up to protect our constitutional rights from the out-of-control federal government," Paxton said.
In a statement in support of the rules changes, President Biden last month said "I've spent hours with families who've lost loved ones to gun violence. They all have the same message: 'Do something.' Today, my Administration is taking action to make sure fewer guns are sold without background checks. This is going to keep guns out of the hands of domestic abusers and felons. And my Administration is going to continue to do everything we possibly can to save lives. Congress needs to finish the job and pass universal background checks legislation now."
By filing the lawsuit Paxton is seeking immediate injunctive relief to stop the ATF from enforcing the new rules until they are "considered fully by the courts."
On April 10th, U.S. Attorney General Merrick Garland said “Under this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store: if you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks. This regulation is a historic step in the Justice Department’s fight against gun violence. It will save lives.”