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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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Chicago Woman Shot with Stolen Buyback Gun Files Suit

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Monday, August 11, 2025

Chicago Woman Shot with Stolen Buyback Gun Files Suit

NRA has often reported on failed “gun buyback” programs in cities across the country as being worse than useless. 

Jim Acosta Plumbs a New Low in Fake News

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Monday, August 11, 2025

Jim Acosta Plumbs a New Low in Fake News

Those who followed the media’s coverage of the first Trump Administration are painfully aware of former CNN personality Jim Acosta. 

Supreme Court Review Sought in NRA-Backed Challenge to California’s Magazine Ban

Friday, August 15, 2025

Supreme Court Review Sought in NRA-Backed Challenge to California’s Magazine Ban

Today, a Petition for Certiorari was filed asking the U.S. Supreme Court to hear Duncan v. Bonta, a case—backed by the National Rifle Association and California Rifle & Pistol Association—challenging California’s prohibition on magazines capable of holding ...

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

NRA, Other Leading Second Amendment Groups File Lawsuit Challenging the Constitutionality of the National Firearms Act

News  

Friday, August 1, 2025

NRA, Other Leading Second Amendment Groups File Lawsuit Challenging the Constitutionality of the National Firearms Act

Today, the National Rifle Association (NRA), American Suppressor Association (ASA), Second Amendment Foundation (SAF), Firearms Policy Coalition (FPC), Prime Protection STL Tactical Boutique, and two members of the organizations filed a lawsuit challenging the constitutionality ...

Administration Issues Executive Order on Discriminatory “Debanking”

News  

Monday, August 11, 2025

Administration Issues Executive Order on Discriminatory “Debanking”

Last month, we wrote about several important developments to protect the firearms industry and America’s gun owners from discrimination in the provision of financial services.

NRA Files Amicus Brief with Ninth Circuit in Challenge to California’s One-Gun-Per-Month Restriction.

Tuesday, June 4, 2024

NRA Files Amicus Brief with Ninth Circuit in Challenge to California’s One-Gun-Per-Month Restriction.

Today, NRA filed an amicus brief with the Ninth Circuit Court of Appeals in Nguyen v. Bonta.

El Paso County to Host Gun Turn-in Before State Ban

Wednesday, August 13, 2025

El Paso County to Host Gun Turn-in Before State Ban

On September 1st, gun turn-in programs will become illegal in the Lone Star State. These programs, often funded by taxpayer dollars, to purchase firearms from individuals have repeatedly failed to improve public safety, and have ...

Smith & Wesson’s Clinton-Era Agreement Resurrected in Canadian Lawsuit

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Monday, August 4, 2025

Smith & Wesson’s Clinton-Era Agreement Resurrected in Canadian Lawsuit

In 2000, as part of a settlement of dozens of product liability/negligence lawsuits brought by local governments and the threat of litigation by the federal government, the then-British-owned gunmaker Smith & Wesson signed a deal brokered by ...

North Carolina: Pro-Gun Bills Advance in Veto Override Session

Tuesday, July 29, 2025

North Carolina: Pro-Gun Bills Advance in Veto Override Session

During a veto override session on Tuesday, July 29th, both chambers passed House Bill 193 (H193) and defeated Governor Josh Stein's veto.

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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.