On May 1, 2024, more than 20 states including the state of
Tennessee sued
the Bureau of Alcohol, Tobacco, Firearms and Explosives in federal
court in Arkansas in which they claimed that the ATF’s new “engaged in
business” rule was void. The lead plaintiff in the litigation was the
state of Kansas. The states sought a preliminary injunction to prohibit
ATF’s enforcement on this new rule.
On Saturday, May 23, 2024, Federal District Judge James M. Moody
Jr., issued a ruling in which he found that the state of Arkansas,
although a party, had asserted that the ATF’s enforcement of the rule
against in Arkansas would result “in a decrease in state tax revenue”
which is what many other states argued as well.
However, the Court
stated that it found “that these injuries are vague and speculative and
the State of Arkansas has not shown that the injuries are “concrete,
particularized, and actual or imminent.” Clapper at 409. … It
is Arkansas’s burden to establish standing.” But the Court found that
Arkansas did not carry that burden and dismissed its claims against the
ATF “without prejudice.”
As to the remaining states and claims, the Court transferred the case
to the District Court of Texas.
The Court stated “[h]aving found that
the State of Arkansas does not have standing to proceed in this action,venue
is improper in this Court. Pursuant to 28 U.S.C. §1406, the Court
hereby transfers this case to the United States District Court for the
District of Kansas where venue appears to be proper. The Clerk of the
Court is requested to transfer the case immediately. I decline to make
any findings on the merits of the case and leave that to the sound
judgment of the District Court of Kansas.”
The State of Tennessee is a co-plaintiff in the case and remains one
since the Arkansas court did not address the standing of any plaintiff
other than the State of Arkansas.
At this time, there is no injunction against the ATF’s “engaged in
business” rule that has been issued in this action nor any in other
court that would protect the rights of Tennesseans. The only exception
is believed to be the
temporary restraining order
that was issued in the Northern District of Texas and which protects
those individuals who might reside in Tennessee and who are also
members
of the Tennessee Firearms Association, Gun Owners of America and/or the
Virginia Citizens Defense League.