The state of Wyoming has joined 20 other states to sue the federal government over a new rule on private sales of firearms.
The rule from the Bureau of Alcohol, Tobacco, Firearms and Explosives requires private individuals to apply for and receive a federal firearms dealer license any time they sell a firearm “for profit,” which can then be interpreted by the ATF as cash, trading for another firearm or receiving a service.
The rule would also put firearm sales between law-abiding friends and family members within reach of federal regulation if a license was not obtained and a background check was not conducted.
“Yet again, this administration has demonstrated its contempt for the Constitution and the separation of powers,” Gov. Mark Gordon said in a news release.
In the multi-state lawsuit, the coalition argues that the ATF’s regulatory restrictions exceed the authority granted to the agency by Congress and are a violation of the Second Amendment.
The complaint says, “The right to keep and bear arms is central to our country’s history and traditions, so Congress must be careful when addressing that right through federal legislation.”
“The Biden administration is attempting to treat every legal gun owner as a commercial gun dealer, and every gun sale or trade as a commercial transaction,” Gordon noted. “The Biden administration is exceeding its authority and targeting our Second Amendment rights without going through Congress.”
In December, Wyoming joined 25 other states in signing a comment letter opposing the new rule. The states have asked the court to vacate the rule as contrary to law.
