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
Oregon Incident Illustrates Obvious Flaws in Red Flag Laws

News  

Monday, May 11, 2026

Oregon Incident Illustrates Obvious Flaws in Red Flag Laws

A recent case involving an Oregon man who was the subject of two “red flag” gun confiscation orders illustrates one of the many problems with the foolish policy.

A “Thought Experiment” That has Already Been Tried—And Failed

News  

Monday, May 11, 2026

A “Thought Experiment” That has Already Been Tried—And Failed

Washington Post opinion columnist Megan McArdle recently wrote an article (paywall alert) exploring a “new” idea to combat violent crime where firearms are used.

Beyond Colorado: DOJ Lawsuits Herald a National Defense of the Second Amendment

News  

Monday, May 11, 2026

Beyond Colorado: DOJ Lawsuits Herald a National Defense of the Second Amendment

Assistant U.S. Attorney General Harmeet Dhillon and her newly hired brigade of Second Amendment attorneys at the U.S. Department of Justice (DOJ) Civil Rights Division Second Amendment Section are clearly ready to work. 

NRA Files Amicus Brief Urging U.S. Supreme Court to Hear the Case of Navy Veteran Patrick “Tate” Adamiak

Monday, May 4, 2026

NRA Files Amicus Brief Urging U.S. Supreme Court to Hear the Case of Navy Veteran Patrick “Tate” Adamiak

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and the Citizens Committee for the Right to Keep and Bear Arms in ...

Canada’s Multi-Million Dollar “Red Flag” Regime: All Show, No Go

News  

Monday, May 11, 2026

Canada’s Multi-Million Dollar “Red Flag” Regime: All Show, No Go

American “red flag” laws (“punishment now, due process later”) have been opposed for years by groups as varied as the NRA and the ACLU because of their shaky science, minimal evidentiary requirements, and significant erosions of constitutional ...

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

Connecticut Senate Rams Through Unconstitutional Pistol Ban in Dead of Night

Wednesday, May 6, 2026

Connecticut Senate Rams Through Unconstitutional Pistol Ban in Dead of Night

Last night, in the early morning hours of May 6th, progressives in the Connecticut Senate passed H5043, the Governor's bill banning future manufacture, sale, and importation of many commonly owned handguns in Connecticut.

Pennsylvania: Pair of Pro-Gun Bills Advance In Senate

Wednesday, May 6, 2026

Pennsylvania: Pair of Pro-Gun Bills Advance In Senate

Wednesday, May 6 was a big day in Harrisburg for gun owners as the Senate took action on a couple important gun bills.  

NRA Files Amicus Brief Arguing that Firearm Prohibitions for Nonviolent Felons Violate the Second Amendment

Thursday, May 7, 2026

NRA Files Amicus Brief Arguing that Firearm Prohibitions for Nonviolent Felons Violate the Second Amendment

Today, the National Rifle Association, along with the Firearms Policy Coalition and FPC Action Foundation, filed an amicus brief in Atkinson v. Blanche, a challenge to the federal lifetime prohibition on firearms possession by nonviolent felons.

New Jersey: Sherrill Administration Begrudgingly Updated Permit to Carry Dashboard, Legislation is Still Needed

Wednesday, May 6, 2026

New Jersey: Sherrill Administration Begrudgingly Updated Permit to Carry Dashboard, Legislation is Still Needed

In March, gun owners and NRA members around the state contacted their lawmakers and, as a result, Attorney General Davenport reluctantly began updating the NJ Permit to Carry Dashboard which reports statistics on the approval and denial of licenses ...

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.