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26 States File Suit Against ATF

Thursday, May 2, 2024

26 States File Suit Against ATF

Fairfax, Virginia – May 1, 2024…Today, a total of 26 States filed three separate lawsuits against the ATF’s new rule redefining who is “engaged in the business” of dealing in firearms. As NRA previously warned, this new rule threatens to turn tens of thousands of upstanding citizens into criminals for exercising their constitutional rights by selling even a single firearm.

Kansas, et al. v. Garland, et al.: The first suit, led by a 21-State coalition, was filed against Attorney General Merrick Garland, the Buruea of Alcohol, Tobacco, Firearms and Explosives (ATF), ATF Director Steven Dettelbach, and the Department of Justice in the Eastern District of Arkansas. The plaintiffs argue that the rule must be invalidated (1) under the Administrative Procedure Act, because the ATF exceeded its authority by redefining various terms in federal law; (2) under the Second Amendment, because the rule violates the right to sell arms; (3) under the Separation of Powers, because through the rule the executive branch is both construing and rewriting a federal statute; and (4) because the rule is too vague to give a person of reasonable intelligence fair notice of what conduct is prohibited.

Texas, et al. v. ATF, et al.: The second suit, led by Texas, Louisiana, Mississippi, and Utah, was filed in the Northern District of Texas against the same defendants as the first, and repeats many of the arguments. The plaintiffs additionally argue, however, that the rule violates the Fourth Amendment by granting the ATF the authority to enter any licensed dealer’s premises during business hours to inspect their records, documents, or firearms.

Florida v. ATF, et al.: The third suit, filed by Florida against the same defendants in the Middle District of Florida, challenged the rule for several violations of the Administrative Procedure Act.

In response to the lawsuits, the NRA issued a statement lauding the States for their defense of the right to keep and bear arms: “The NRA applauds the coalition of States for boldly challenging the Biden Administration’s rogue ATF, which has relentlessly assailed Second Amendment rights. Undeterred by having three of its most recent Rules restricting gun rights invalidated by federal courts, the ATF’s new Rule restricts Americans’ rights to sell even a single firearm. The ATF has exceeded its authority once again, and we expect that this new Rule will be invalidated as well.”

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Monday, May 13, 2024

Turks and Chaos: Island Jurisdiction a Potential Nightmare for U.S. Gun Owners

Set aside communist Cuba for a moment, these days another Caribbean island jurisdiction is providing a cautionary tale for U.S. gun owners. 

“District of Crime”: Shocking Case Characteristic of D.C. Approach to Violence

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Monday, May 13, 2024

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President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

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Friday, May 3, 2024

President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

Today, the National Rifle Association of America (NRA) announced that President Donald J. Trump will address NRA members as the keynote speaker at the 2024 NRA Annual Meetings & Exhibits on Saturday, May 18th in Dallas, ...

Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

Monday, May 13, 2024

Ninth Circuit Upholds California Law Allowing Gun Owners’ Private Data to be Shared with Research Institutions in NRA-ILA-Supported Case

On May 8, 2024, the Ninth Circuit Court of Appeals upheld California’s law requiring California’s Department of Justice to provide firearm purchasers’ and CCW applicants’ information to research institutions.

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

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The State of Crime: A Steep Decline, or Another Bidenesque Wild Story?

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Monday, May 6, 2024

The State of Crime: A Steep Decline, or Another Bidenesque Wild Story?

In his State of the Union address this year, President Joe Biden proclaimed that “Americans deserve the freedom to be safe, and America is safer today than when I took office,” boasting that “[l]ast year, the murder ...

Maine: Waiting Period Law May Force Kittery Trading Post Out of State

Tuesday, May 7, 2024

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Last month, after a barrage of procedural games and inaction by Governor Janet Mills, radical progressive politicians passed LD 2238, "An Act to Address Gun Violence in Maine by Requiring a Waiting Period for Certain Firearm Purchases", ...

Delaware: Governor to Sign Permit to Purchase Bill

Tuesday, May 14, 2024

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Governor Carney is scheduled to sign extreme Permit to Purchase legislation in Dover on Thursday. May 16th.

Huge Victory for Colorado Gun Owners: Semi-Auto Ban Dead for 2024 Session!

Tuesday, May 7, 2024

Huge Victory for Colorado Gun Owners: Semi-Auto Ban Dead for 2024 Session!

On Tuesday, May 7th, House Bill 1292, the semi-automatic ban, was indefinitely postponed and is officially off the table for this legislative session. 

NRA Files Legal Challenge to New Mexico Waiting Period Law

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Wednesday, May 15, 2024

NRA Files Legal Challenge to New Mexico Waiting Period Law

Today, the National Rifle Association of America (NRA) filed a lawsuit in the federal district court of New Mexico challenging the State of New Mexico’s new waiting period law, which took effect today. ...

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.