Tennessee Attorney General Jonathan Skrmetti has joined a coalition of 21 states in a lawsuit challenging a new rule by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The rule would restrict private firearm sales by requiring more individuals to become federally licensed dealers or face criminal penalties.
Attorney General Skrmetti stated, "The epidemic of violent crime means every level of government needs to work together to keep guns out of the hands of violent criminals, but the new ATF rule stretches too far and threatens to make federal felons out of countless everyday citizens." He expressed concern that the regulation imposes an undue burden on those who occasionally sell or trade firearms with family or friends.
The ATF's reinterpretation involves defining who is "engaged in the business" of dealing firearms for profit. This change could affect hobbyists selling firearms to family members or hunters trading with friends, potentially resulting in felony charges without proper licensing and background checks. The White House emphasized that individuals must "become a licensed dealer and run background checks...[for those] dealing firearms at a gun show, online, in [their] home, in the trunk of a car, at a flea market, or anywhere else."
The court filing argues that this requirement extends federal regulation over innocent transactions between law-abiding citizens. It asserts that such sales would be considered felonies if conducted without obtaining a federal firearms license.
The attorneys general involved argue that the rule is unconstitutional due to its vagueness and its infringement on Second Amendment rights while bypassing Congressional authority. Alongside Tennessee, states participating in the lawsuit include Alabama, Alaska, Arkansas, Georgia, Indiana, Idaho, Iowa, Kansas, Kentucky, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Virginia, West Virginia and Wyoming.