May 19, 2024
Federal Court in Texas issues temporary restraining order against ATF to prohibit its enforcement of the "engaged in business" rule against members of TFA, GOA, GOF, VCDL and others.
On May 1, 2024, Tennessee Firearms Association, on behalf of its members, filed a lawsuit
in the Northern District of Texas as a co-plaintiff with the States of
Texas, Louisiana, Mississippi, and Utah, Gun Owners of America, Gun
Owners Foundation, the Virginia Citizens Defense League and Jeffrey
Tormey.
On May 19, 2024, Judge Matthew J. Kacsmaryk issued a temporary
injunction in favor of the citizens of Texas, Mr. Tormey, all members of
GOA and GOF, all members of Tennessee Firearms Association and all
members of the VCDL against the Bureau of Alcohol, Tobacco, Firearms
& Explosives prohibiting the ATF from enforcing the new “engaged in
business” rule against the plaintiffs. This is not a national
injunction so citizens of Tennessee who are not members of TFA, VCDL,
GOA or GOF are not protected by this injunction.
The lawsuit
presented several theories to support the assertion that the ATF’s rule
should be blocked. The only issue that the Court addressed, since it
alone was found to be adequate to block the ATF’s new rule from going
into effect, was the claim under the Administrative Procedures Act.
The Court found that “Plaintiffs are substantially likely to succeed on
the merits” of that claim – a claim which would render the proposed
rule void.
The Court also found that the individual Plaintiff
and the organizational plaintiffs (GOA, GOF, TFA and VCDL) would clearly
be irreparable harmed if the ATF’s rule were allowed to go into effect
because “Plaintiffs understandably fear that these presumptions will
trigger civil or criminal penalties for conduct deemed lawful just
yesterday.” The Court rejected entirely the ATF’s assertion that there
was no basis to fear civil or criminal prosecutions from it under its
new Rule on what the Court characterized as a “just trust us” assertion.
The Court’s temporary injunction is through June 2, 2024. The
Court has requested additional briefing but appears likely to extend
the injunction past that time.
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