Kris W. Kobach, the Kansas Attorney General, announced that he will spearhead a coalition of Republican attorneys general in a lawsuit against President Biden’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
In an opinion piece in the Washington Times, Kobach argues that the ATF is unlawfully expanding its reach with a new rule that could classify many Americans as illegal firearms dealers.
“The new rule does this by redefining what it is to be engaged in the business of dealing firearms. The new definition is so broad that millions of Americans will be swept in without knowing it,” Kobach stated.
SEE ALSO: NSSF Submits Comment on Biden’s New ‘Engaged in the Business’ Rule
This new rule targets the so-called “gun show loophole” but extends far beyond, affecting ordinary citizens engaged in basic transactions such as buying, selling, and trading firearms among themselves.
Kobach provided several examples to illustrate how the rule could turn everyday activities into felony offenses.
Kobach explains:
Let’s say an older friend of your family passes away, and his widow asks if you’d like to buy one of his shotguns. She offers a price that seems reasonable, and you don’t want to haggle with a family friend who just lost her husband. It turns out that you paid a few dollars more than the current market value of that used gun. The widow has likely committed a felony because she sold a gun for profit without first obtaining a federal firearm dealer license and running a background check on you.
The regulation requires individuals to obtain a federal firearms dealer license and conduct background checks if they sell or transfer a firearm for a profit, no matter how minimal.
According to Kobach, this goes against longstanding practices where Americans could sell firearms to friends and family without such restrictions.
“If anyone thinks the ATF will look the other way when learning of these examples of firearm transfers, think again. The ATF has a long history of draconian behavior where law-abiding gun owners are concerned, especially since Biden has taken office,” Kobach added.
SEE ALSO: DOJ to Update Definition of ‘Engaged in the Business’ as a Firearms Dealer
He also made note of the ATF’s recent “zero tolerance” policy which has led to the revocation of numerous gun store licenses over minor paperwork errors.
Kobach argues that the ATF’s rule is not only unreasonable but also illegal and unconstitutional.
“The new rule is not only unreasonable, it’s illegal. The ATF can only do what Congress empowers it to do. And Congress has already defined what it means to be engaged in the business of selling firearms. The ATF has no legal authority to change that definition,” he said.
“In order for the ATF’s new rule to pass constitutional muster, the ATF must show that a similar rule was in existence at the time of our country’s founding. There is no such historical analog,” he added.
The state of Kansas, along with other Republican-led states, is taking this battle to the courts, aiming to protect the Second Amendment rights of all Americans.
“We look forward to seeing the President’s lawyers in court.,” Kobach concluded.
Here’s the ATF’s Q&A Document covering the New Rule:
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This type of abuse from our government agencies will not stop but rather will increase quickly if left unchecked. The real issue is this. The entire DOJ since 1885 is Marxist. All agencies heads were picked because they are closet globalist Marxist. We’re in a top down Marxist insurrection all because of both houses ceasing to do thier constitutional duties. This really got going with the doctrine of precedent in 1885. Precedent eventually reversed the power by placing full power to the DOJ. We now have rule by judicial fiat. This is wrong and is only getting worse. Wake up!
These are rogue agencies who are bypassing congress, disband these thugs as they’re out of control.
ATF…
A ll
T hose
F ascists
Clearly this article is politically motivated. Just like anything you stumble across on the internet. I personally agree with folks that believe “Biden” pushed the ATF to restrict everything within their power. I also KNOW that Donald Trump pushed the ATF to OUTLAW bump stocks…..so now there’s “That”
How would they know if I bought a rifle from my brother, or sold a pistol to my neighbor to begin with, much less how much it was bought or sold for?
I’ve noticed that the law makes assumption s, that’s how.
Example: if a real estate firm does not have a non discrimination form posted in plain sight that they are automatically guilty. No defense, case closed.
Look at Trumps conviction after the state of limitations was long expired or that smaller less pricy homes in the area have sold for way way more that what that what the judge claimed Mara Lago was worth.
How will they know? Why they’ll just make up a number. Prove me wrong. We do not have a constitutional goverment and haven’t since before my grand father was born. Just more obvious now to those who’ve not studied our constitution.
More marxist tactics from the most unconstitutional agency in this nation’s history.
A ll
T hose
F ascists
Here’s the ATF’s Q&A Document covering the New Rule:
403. That’s an error.
We’re sorry, but you do not have access to this page. That’s all we know.
So the rule is targeted at “the gun show loophole”? The one that the head of the atf clearly stated, on video, “there is no gun show loophole and there never was!”? I am glad to hear there are 23 states going after the atf on this one. Needs to be many more! Then they need to go after all of the other rules.
It seems that. The A T F. and the. DEMOCRATS. ARE ALL OUT TOO GET OUR. FIRE. AMES
THI IS NOTHING MORE. THEN A SOCIALIST / COMMUNIST MOVE !
And the. AMERICAN. POEOPLE. DONT. WAKE UP. ! The COMMUNISTS
WILL BE MARCHING. DOWN. MAIN STREET. U ,S ,A
Please learn how to spell correctly.
If someone’s heart and head are in the right place (when posting herein), I don’t worry too much about grammar and/or spelling. Perhaps this is an elderly gentleman with arthritic fingers typing on a too-small keyboard.
If there was a similarly written post arguing in favor of the ATF’s rule… I would be right there with you, tearing them a new one!
If spelling errors bothers one so much they have to point them out then they are not serious people but instead are very petty. What a pity. Critics without a cause.
These types are at best unreliable and intellectually challenged, thinking more of themselves than anyone would come close to giving them credit for. They are very tiny people and should be ignored. What someone is trying to communicate is far more important than grammar. I prefer tuna that taste good, don’t you?