May 1, 2024
Tennessee Firearms Association sues the ATF over the "engaged in business" rule.
On May 1, 2024, the Tennessee Firearms Association had the honor to
join the States of Texas (lead plaintiff), the states of Louisiana,
Mississippi, and Utah, Jeffrey Tormey, Gun Owners of America, Gun Owners
Foundation and the Virginia Citizens Defense League in a lawsuit filed
in the Northern District of Texas against the Bureau of Alcohol,
Tobacco, Firearms and Explosives, the U.S. Department of Justice, U.S.
Attorney General Merrick Garland and Steven Dettelbach. See, State of Texas, et al., v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al., N. D. Texas No: 2:24-cv-00089-Z (May 1, 2024).
In this civil action, the Plaintiffs seek “a stay of agency action,
temporary restraining order, and/or a preliminary injunction to preserve
the status quo, followed by a declaratory judgment and permanent
injunctive relief restraining Defendants from enforcing a Final Rule
issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives of the
U.S. Department of Justice on April 19, 2024, entitled “Definition of
‘Engaged in the Business’ as a Dealer in Firearms”” As noted in the
Complaint, “the Final Rule goes far beyond the subtle change Congress
made to the law, subjecting hundreds of thousands of law-abiding gun
owners to presumptions of criminal guilt for all manner of activities
relating to the innocuous, statutorily authorized, and constitutionally
protected private sale of firearms.” Complaint, p.2. As it has
become increasingly obvious that neither the Tennessee Legislature nor
its Governor are serious about their assurances that they will support
and protection the Second Amendment rights of Tennesseans, TFA has
joined with the four other states and others in an effort to fight the
obvious constitutional violations by the federal government and Biden’s
administrative branch that are intended to make hundreds of thousands of
Tennesseans either apply for federal firearms licenses or face the risk
of federal felony prosecutions.
Tennessee Firearms Association has made a significant commitment to
assist in funding this litigation. TFA’s volunteer executive director,
who is a full time practicing attorney, has agreed to be one of the
attorneys representing the non-state plaintiffs in this action. TFA’s
director, Richard Archie, also assisted by signing one of the affidavits
that was filed with the complaint to establish TFA’s “organizational
standing” to represent its members and their interests.
Assuming this action will be fought by the ATF with all of the
taxpayer funding that it has available to it and that the issues could
in time reach the U.S. Supreme Court, TFA’s participation could be
financially substantial. Many TFA members who were aware that TFA was
considering some type of participation in litigation against the ATF’s
new “engaged in the business” rule have already indicated that they are
willing to help raise the funds to fight this battle to preserve and
protect our rights from further and ongoing abuses by the federal
government. If you made such a commitment to TFA or if you would like
to support this effort, you can make tax deductible donations to the Tennessee Firearms Foundation
(a 501(c)(3) entity) and/or, you can join and make supplemental member
donations directly to the Tennessee Firearms Association.
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