Republican attorneys general file lawsuit to prevent Biden’s gun show background check rule

Twenty-six Republican attorneys general have filed lawsuits on Wednesday to challenge a new rule implemented by the Biden administration. The rule mandates firearms dealers to conduct background checks on buyers at gun shows and other locations outside of traditional brick-and-mortar stores.

Three lawsuits have been filed in federal court in Arkansas, Florida, and Texas with the objective of preventing the enforcement of a recently announced rule. This rule aims to close a loophole that has facilitated the sale of tens of thousands of guns annually by unlicensed dealers. These dealers have been able to bypass background checks, which are necessary to ensure that potential buyers are legally eligible to possess firearms.

According to the lawsuit, the implementation of the new rule is a violation of the Second Amendment of the U.S. Constitution. It further argues that President Joe Biden, as a Democrat, lacks the authority to enforce such a rule.

Arkansas Attorney General Tim Griffin emphasized that the ATF’s proposed expansion of firearms dealer license requirements has not been approved by Congress and cannot be imposed by President Biden alone. Griffin, along with other state attorneys general, highlighted the need for the President to adhere to existing laws.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, as well as the Department of Justice, have chosen not to provide any comments regarding the lawsuit. Officials from the Biden administration have expressed their confidence in the rule, which received over 380,000 public comments, stating that they believe it will successfully withstand any legal challenges.

With the 2024 presidential campaign gaining momentum, both sides are likely to be energized by the imminent lawsuit and the potential court battle that may ensue. Republican voters, who advocate for less stringent gun regulations, and Democrats, who are pushing for more restrictions on certain types of firearms and their accessibility, could be particularly motivated.

Gun violence has become a pressing issue for Biden’s administration and his bid for re-election, given the alarming rise in mass shootings and other forms of killings. In response, he established the White House Office of Gun Violence Prevention, which is headed by Vice President Kamala Harris. Additionally, he has called on Congress to enact a ban on “assault weapons,” a term used to describe high-powered firearms or semi-automatic long rifles like the AR-15, capable of firing multiple rounds without the need for reloading. It is worth noting that such a ban was previously avoided by Democrats in the past.

Gun control advocates have been advocating for the closure of the gun show loophole for a considerable amount of time and have expressed their approval of the recent regulation regarding background checks.

Kris Brown, the president of the gun control group Brady, emphasized the urgency of updating our national system and closing loopholes to prevent further loss of American lives due to gun violence. Brown expressed the commitment of Brady to vigorously support this rule, as it brings us closer to a future where gun violence is no longer a threat.

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MBS Staff
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