States Seek to Block Closing of So-Called “Gun Show Loophole”
As we’ve discussed in an earlier blog, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) previously sought to close the “gun show loophole” by requiring background checks and/or a license to sell any firearms, and the new rule was set to take effect on May 20, 2024. However, the states of Texas, Louisiana, Mississippi, and Utah recently filed a lawsuit challenging the new rule, arguing that the rule oversteps the agency’s authority and violates the Second Amendment. “The notion that one must obtain a license in order to deal in firearms, on pain of criminal penalty, is a thoroughly modern invention,” the lawsuit states. Critically the lawsuit, which was filed in Amarillo, Texas, will go in front of a federal judge with a history of issuing nationwide injunctions against the federal government, with some injunctions eventually reaching the Supreme Court. If the states are able to convince the judge that this new rule likewise violates federal law, the implementation of the rule could be stayed while the case makes its way through the different levels of courts. Anyone who sells guns privately or is accused of violating federal gun laws should make sure they hire an attorney who is abreast of the everchanging landscape of this area of law.
