Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) have teamed up with Texas Attorney General Ken Paxton to file a lawsuit against Biden’s ATF regarding their new rule mandating background checks on private gun sales. The ATF announced the proposed rule on August 31, 2023, expanding the definition of “engaged in the business of selling guns” to require unlicensed sellers, such as private citizens, to use the NICS when selling or transferring a gun.
The rule focuses on guns sold for “profit” but also includes terms like “pecuniary gain” and “bartering,” broadening the scope for NICS checks on private sales. Furthermore, the rule identifies individuals smuggling guns out of the country as falling under the “dealer” category.
GOA, GOF, and the State of Texas argue that the rule unfairly targets law-abiding gun owners and violates their constitutional right to privately sell firearms. AG Paxton condemned Biden’s administration for abusing federal power to infringe on Second Amendment rights, calling the rule a tyranny. The lawsuit challenges the ATF’s authority to implement such regulations and seeks to protect the freedoms of American citizens.
The ATF’s justification for the background check rule stems from the Bipartisan Safer Communities Act, which GOA senior vice president Erich Pratt criticizes as anti-gun legislation. The lawsuit aims to prevent further encroachment on gun owners’ rights and push back against government overreach.
