May 7, 2024 |
Photo – Handgun – Courtesy Outdoor Life
Wyoming joined 21 other states on Monday in a lawsuit against the Biden Administration for attempting to curtail the right of Americans to privately buy and sell firearms.
In the lawsuit, the states argue that the ATF’s regulatory restrictions exceed the authority granted to the agency by Congress and are a violation of the Second Amendment.
“Yet again this administration has demonstrated its contempt for the Constitution and the separation of powers,” Governor Gordon said.
The new federal rule targets private gun sales. The recent rule change would, according to the federal complaint filed by Wyoming and other states, “put innocent firearms sales between law-abiding friends and family members within the reach of federal regulations. Such innocent sales between friends and family would constitute a felony if the seller did not, in fact, obtain a federal firearms license and perform a background check.”
The governors argue that the Biden Administration’s change “upends both our constitutional traditions and the federal firearms licensing regime Congress designed.”
The states argue that the new federal rule is unconstitutional, and the court should set it aside.
The case was filed in the U.S. District Court for the eastern district of Arkansas, Delta Division.
Kansas is serving as the lead plaintiff with Arkansas, Montana, Alabama, Alaska, Georgia, Idaho, Indiana, Kentucky, Missouri, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Virginia, West Virginia and Wyoming joining.
Attorney General Merrick Garland and the Department of Alcohol, Firearms and Explosives are named as Defendants.
The suit was filed on May 1.
Under the final rule, the complaint maintains that the Biden Administration “would put innocent firearms sales between law-abiding friends and family members within the reach of federal regulation.” The states have asked the Court to vacate the rule as contrary to law.
Governor Gordon noted that “The Biden Administration is exceeding its authority and targeting our Second Amendment rights without going through Congress.”
The lawsuit seeks an injunction prohibiting the Biden Administration from enforcing the Final Rule as unreasonable, arbitrary, and capricious.
Signing the complaint for Wyoming was Bridget Hill, the State Attorney General.
