Lubbock Times

House Budget Chairman Jodey Arrington, along with 20 Texas Republican colleagues, has filed an amicus brief opposing a new rule by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) concerning private firearm transactions. The action challenges what they see as an infringement on Second Amendment rights.

"The Biden-Harris administration has made a habit of infringing on the Constitutional rights of the American People, this time taking direct aim at the 2nd Amendment," said Arrington. "Instead of keeping the ATF within the limits of its jurisdiction to enforce the law, this administration is criminalizing firearms sales/trades between law-abiding citizens. I’m proud to have led 20 of my fellow Texas Republicans in filing an amicus brief to rein-in the ATF and safeguard our 2nd Amendment rights."

Eric Heigis from the Texas Public Policy Foundation’s Center for the American Future commented on the matter: "Agencies must operate within the limits set by the Constitution and by statute. By regulating firearm transactions everywhere—even private, intrastate exchanges—ATF’s final rule goes beyond the Gun Control Act’s scope. It also likely violates the Constitution’s limited, enumerated powers. We are proud to represent the amici in this case and look forward to the court vacating this flawed rule."

The legal challenge titled "Texas v. ATF" disputes ATF's Final Rule known as Definition of “Engaged in the Business” as a Dealer in Firearms. The plaintiffs argue that it misinterprets federal law regarding who qualifies as a firearms dealer under current regulations.

According to federal law under the Gun Control Act of 1968, those engaged in selling firearms must secure a federal license and perform background checks on buyers. However, critics say that ATF's new rule wrongly broadens this definition and unfairly burdens individuals transferring firearms privately.

The lawsuit sees support from various states and organizations like Gun Owners of America who argue that ATF's rule exceeds its statutory authority while impeding lawful gun sales.

Joining Arrington in filing this brief were Representatives Ronny Jackson (TX-13), Brian Babin (TX-36), Nathaniel Moran (TX-01), Keith Self (TX-03), Pat Fallon (TX-04), Troy Nehls (TX-22), Pete Sessions (TX-17), Randy Weber (TX-14), Chip Roy (TX-21), Roger Williams (TX-25), Jake Ellzey (TX-06), Tony Gonzales (TX-23), Dan Crenshaw (TX-02), Morgan Luttrell (TX-08), Michael Cloud (TX-27), August Pfluger (TX-11), Beth Van Duyne (TX-24), Lance Gooden (TX-05), Michael Burgess (TX-26) and Wesley Hunt (TX-38).