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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, October 27, 2025

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The Windy City has its fair share of problems, but a lack of violent criminals isn’t one of them, as anyone who takes a moment to look through local crime news source CWB Chicago knows for a ...

Trump Continues Commitment to Gun Owners

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Monday, October 27, 2025

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We’ve covered the numerous ways in which President Donald Trump has used his office to defend or advance our rights protected under the Second Amendment. 

NRA-ILA Files Comments on DOJ’s Relief from Disabilities Rulemaking

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Monday, October 27, 2025

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Last Monday, NRA-ILA (ILA) filed comments in response to a proposed rulemaking by the U.S. Department of Justice (DOJ) to revive the government’s “relief from disabilities” program for people categorically prohibited from acquiring or possessing firearms. 

Taxpayer-Funded Orgs Bankroll Ad Council “Children” and Firearms Propaganda

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Monday, October 27, 2025

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NRA-ILA Files Reply Brief Pressing the U.S. Supreme Court to Hear Its Challenge to the NFA’s Restrictions on Short-Barreled Rifles

Thursday, October 23, 2025

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Today, the National Rifle Association Institute for Legislative Action (NRA-ILA) filed a Reply Brief urging the U.S. Supreme Court to hear a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles in a ...

North Carolina: Update on Permitless Carry

Friday, October 24, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Major Digital Currency’s Terms of Use Prohibit Firearm and Ammunition Sales

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Monday, October 20, 2025

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Monday, October 27, 2025

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Grassroots Spotlight: Green Top Outdoor Expo

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Monday, October 27, 2025

Grassroots Spotlight: Green Top Outdoor Expo

Earlier this month, your Virginia NRA -ILA Grassroots Team had the honor of participating in the annual Green Top Outdoor Expo, hosted by Green Top Sporting Goods in Ashland, Virginia

NRA Files Lawsuit Challenging California’s Glock Ban

Monday, October 13, 2025

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Today, the National Rifle Association—along with Firearms Policy Coalition, Second Amendment Foundation, Poway Weapons & Gear, and two NRA members—filed a lawsuit challenging California’s Glock ban.

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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.