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Authored by Michael Clements via The Epoch Times (emphasis ours),

Attorneys general representing half of the country on May 1 sued President Joe Biden’s administration over a new rule requiring criminal background checks for all gun sales, including private sales.

Democratic lawmakers put their arms around one another as Speaker of the House Nancy Pelosi (D-Calif.) announces the final vote count for the Bipartisan Safer Communities Act in the House of Representatives in Washington on June 24, 2022. (Chip Somodevilla/Getty Images)
 

Lawsuits in Florida, Texas, and Arkansas are asking the courts to block a rule from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that redefines “engaged in the business” of dealing in firearms.

Under the new rule, almost every transfer of firearm ownership would require at least one party to have a Federal Firearms License and perform a criminal background check, including private sales.

U.S. Attorney General Merrick Garland signed the new rule on April 10, and it goes into effect on May 10.

According to the 466-page rule, the only requirement for determining whether a person is engaged in the business of selling guns is whether the person is trading to “predominately earn a profit.” Previously, the defining characteristic was whether the dealer worked to earn a “livelihood.”

The new definition is in the Bipartisan Safer Communities Act (BSCA), signed into law on June 25, 2022.

In the Florida case, Florida Attorney General Ashley Moody filed suit in the U.S. District Court for the Middle District of Florida.

According to the lawsuit Ms. Moody filed on May 1, the act was passed to balance gun owners’ rights against public safety concerns.

In the filing, Ms. Moody wrote that the BSCA’s sponsors assured voters that the law clarified that dealers were only those who earned their livelihood from selling guns. Ms. Moody claims that President Biden is stretching the language of the act to fit his political agenda.

Sensing an opportunity, the Biden Administration now seeks to exploit the minor changes to federal law enacted in the BSCA to implement President Biden’s preferred policies by executive fiat,” Ms. Moody wrote.

The other two lawsuits—filed in the Northern District of Texas and Eastern District of Arkansas—also decry the change as an unconstitutional infringement on Americans’ Second Amendment rights and an illegal attempt to circumvent the U.S. Congress and enact “universal background checks.”

President Biden has called for expanding the criminal background check requirement since his election in 2020.

Each suit asks its respective court to block the rule’s enforcement and find that it violates the U.S. Constitution and the Administrative Procedures Act.

ATF spokesperson Kristina Mastropasqua said the agency had no comment on the lawsuits.

The White House did not respond to requests from The Epoch Times for comment on this story.

A researcher simulates a check done for the National Instant Criminal Background Check System (NICS) at the FBI’s criminal justice center in Bridgeport, W.Va., on Nov. 18, 2014. (Matt Stroud/AP Photo)

The attorneys general say they are defending their constituents’ rights.

This lawsuit is just the latest instance of me and my colleagues in other states having to remind the President that he must follow the law,” Arkansas Attorney General Tim Griffin wrote in a press release on May 1.

Continue Reading: zerohedge.com

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