Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

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.”

TRENDING NOW
Fifth Circuit Rules Federal Switchblade Knife Restrictions Violate the Second Amendment

Friday, October 23, 2026

Fifth Circuit Rules Federal Switchblade Knife Restrictions Violate the Second Amendment

The U.S. Court of Appeals for the Fifth Circuit has ruled that the federal Switchblade Act’s restrictions on the interstate commerce of switchblade knives violate the Second Amendment.

New York:  Gov. Hochul Signs More Gun Control This Week

Thursday, October 22, 2026

New York: Gov. Hochul Signs More Gun Control This Week

Gov. Kathy Hochul remains the scariest thing in Albany for law-abiding gun owners.  On Wednesday, October 21 the anti-gun governor of the Empire State signed a pair of gun bills into law.  We've knocked on ...

San Francisco Law Professor Purports to Channel Scalia on AR-15s; Ignores Scalia

News  

Monday, October 26, 2026

San Francisco Law Professor Purports to Channel Scalia on AR-15s; Ignores Scalia

Some arguments succeed by being true. Some attempt to succeed by confusing the debate and substituting misdirection for clarity. And some attempt to succeed merely by dogged persistence, refusing to die or go away, no ...

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

Different Election, Same Billionaire, Same Gun Control Agenda

News  

Monday, October 26, 2026

Different Election, Same Billionaire, Same Gun Control Agenda

Another election, same former New York City mayor Michael Bloomberg working to shape the nation’s gun laws. For years, NRA has exposed Bloomberg’s relentless efforts to export New York style gun restrictions to the rest ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Location, Location, Location: Study Finds Crime Concentration Correlates with Politics

News  

Monday, October 26, 2026

Location, Location, Location: Study Finds Crime Concentration Correlates with Politics

It’s well established that certain offenders remain disproportionately responsible for violent crime. A 2001 report on such “chronic offenders” in Minnesota concluded that over a four-year period, just five percent of offenders were responsible for ...

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

News  

Monday, October 19, 2026

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

More than half a century ago, Stanley Kubrick’s film, 2001: A Space Odyssey, introduced the world to HAL-9000, a sentient “supercomputer” with advanced artificial intelligence (AI) processing. When HAL, responsible for running the spacecraft, decides ...

NRA Files Amicus Brief Urging Ninth Circuit to Rehear Challenge to California’s Gun Store Surveillance Law En Banc

Friday, October 23, 2026

NRA Files Amicus Brief Urging Ninth Circuit to Rehear Challenge to California’s Gun Store Surveillance Law En Banc

The National Rifle Association of America, along with the America First Policy Institute and Knox Williams, founder of the American Suppressor Association, filed an amicus brief urging the U.S. Court of Appeals for the Ninth ...

NRA Files Amicus Brief Urging Fifth Circuit to Adopt a Test in Disarmament Cases that Ensures Peaceable Citizens Cannot Be Disarmed

Wednesday, October 21, 2026

NRA Files Amicus Brief Urging Fifth Circuit to Adopt a Test in Disarmament Cases that Ensures Peaceable Citizens Cannot Be Disarmed

The National Rifle Association and Second Amendment Foundation filed an amicus brief in United States v. Cordova, a case before the en banc Fifth Circuit Court of Appeals involving a challenge to the federal lifetime ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.