In a lawsuit against Biden’s ATF over the new rule requiring background checks on private gun sales, Gun Owners of America ( GOA ) and the Gun Owners Foundation ( GOF ) joined Texas Attorney General Ken Paxton.
Breitbart News , reported , the ATF’s statement of the proposed law on August 31, 2023. The definition of “engaged in the business of selling guns” is redefined in the new law, which makes it more common for an unregistered owner to use the NICS to market or transfer a weapon.
The guideline largely centers on guns being sold for “profit”, however, on pages 26- 27 it equates “pecuniary get” with “profit”, opening the door for the ATF to redefine the word” price” so as to require a NICS test when a private owner is “bartering” over a weapon.
Page 194 of the 466- site law makes clear that people who smuggle guns out of the country in order to sell them worldwide also under the “dealer” group, following the ATF’s redefinitions.
From the rule:
Unlicensed individuals who smuggle or import firearms from the United States ( or conspire or attempt to do so ) for sale in another country would, among other things, be violating U.S. Law. 18 U.S. C. 924 k ) ( 2 ) ( B ). This behavior is not carried out “wholly outside the United States,” but this definition now clarifies that sales or purchases of firearms as a wholesale or retail dealer can take place “at any other domestic or international public or private marketplace or premise.”
When selling a gun privately, the rule hedges in law-abiding citizens by combining redefined terms and ambiguity to force them into the National Instant Criminal Background Check System ( NICS).
RELATED:  , AWR Hawkins — Universal Background Checks = Gun Registry
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However, GOA, GOF, and the State of Texas have filed a lawsuit, alleging that the rule will lead to “hundreds 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.”
The Bipartisan Safer Communities Act, a piece of gun control created and facilitated by Sen. John Cornyn ( R ), was used by the ATF to support its background check rule.
Erich Pratt, senior vice president of the GOA, said:
We previously warned the American public that Senator Corny n’s legislation was no small compromise, and we are now suing for a second time to challenge a significant anti-gun law.
Criminalizing untold numbers of Americans for simply selling a firearm in a private party transaction is wrong, unconstitutional, and must be halted by the courts. Anything less would only serve as fuel for this tyrannical administration’s continued incorporation of vague statutes into laws intended to harass and intimidate gun owners and dealers at every turn.
According to AG Paxton,” Once more, Joe Biden is systematically destroying the federal bureaucracy to rip up the Constitution and sabotage our citizens ‘ Second Amendment rights.” His tyrannical abuse of authority is dramatic in this instance. With today’s lawsuit, it is my great honor to defend our Constitutionally- protected freedoms from the out- of- control federal government”.
AWR Hawkins is an award- winning Second Amendment columnist for Breitbart News , and the writer/curator of , Down Range with AWR Hawkins,  , a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for , Armed American Radio, and a pro- staffer for Pulsar Night Vision. He holds a Ph.D. and spent 2010 as a Visiting Fellow at the Russell Kirk Center for Cultural Renewal. D. in Military History, with a focus on the Vietnam War ( brown water navy ), U. S. Navy since Inception, the Civil War, and Early Modern Europe. Beef is his favorite vegetable. Follow him on Instagram:  , @awr_hawkins.  , You can sign up to get Down Range at , breitbart.com/downrange.  , Reach him directly at , [email protected].
