Attorney General Tim Griffin has filed a motion for reconsideration in a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) new rule expanding the definition of who must become a federally licensed firearms dealer. Griffin issued a statement on May 29, 2024, explaining his actions.
"On May 1, I co-led a multistate lawsuit challenging the ATF’s rule that radically expanded the definition of who must be a federally licensed firearms dealer. I filed suit against the ATF because only Congress can make laws, and Congress has never passed into law the ATF’s dramatic new expansion of firearms dealer license requirements," Griffin stated.
A federal district court in Little Rock recently ordered the case to be transferred to a federal district court in Kansas, dismissing Arkansas from the case on grounds that the state would financially benefit from the ATF rule. Griffin contested this decision: "That’s not the case, and the Little Rock court’s order only concluded otherwise by ignoring basic tax law. That’s why we’ve asked the Kansas court to reconsider and correct the Little Rock court’s flawed order."
Griffin also noted procedural concerns with how quickly the transfer was ordered: "In ordering our case’s immediate transfer, the Little Rock order also violated Eighth Circuit Court of Appeals precedent requiring ‘district court clerks [to] … wait a reasonable period before transferring case files after a transfer order is entered.’ That precedent exists to ensure the Eighth Circuit can review and correct erroneous transfer orders before they become effective."
He emphasized his commitment to defending Arkansas residents: "The ATF’s unlawful rule is yet another in a long line of federal overreaches by the Biden administration. This rule harms Arkansans, and Arkansas’s standing in the case should never have been in question. I look forward to continuing to defend the people of Arkansas—even if an erroneous ruling requires me to do so in Kansas."
Griffin's brief supporting his motion for reconsideration is available for public viewing.