Arkansas chief legal officer announces multi-state lawsuit challenging ATF rule on gun-show sales

Speaker 1, identifying himself in the transcript as the state's chief legal officer for Arkansas, announced that he is "filing suit against the Biden administration, specifically, the Bureau of Alcohol, Tobacco and Firearms," to challenge a newly proposed ATF rule on gun-show transactions.

The complaint, he said, will argue the agency lacks authority to "unilaterally" change statutory law and that the rule is "arbitrary and capricious." "They do not have the power to do this unilaterally via fiat," Speaker 1 said. He characterized the proposed rule as lengthy and confusing, noting the transcript reference that it runs "about 126 pages." He said the rule "does not help clarify anything" and that it still leaves "a vast amount of discretion with the ATF."

Speaker 1 summarized the statutory background by referencing the long-standing protection for collectors and hobbyists in the Firearm Owners' Protection Act (FOPA) and the uncertainty over when repetitive purchases or resales require a federal firearms license. He said that, under current statute, hobbyists have historically been able to buy and sell at gun shows without becoming licensed dealers and that the proposed rule would change the practical enforcement line without going through Congress: "this sort of change in the law should have to go through the congress." He added that the administration has pursued regulatory changes in multiple policy areas when it could not achieve changes through Congress.

In the prepared remarks Speaker 1 also cited a recent ATF raid reported in the press involving a man identified in the transcript as "Mister Malinowski," describing him as a frequent gun-show attendee and noting the raid and the man's subsequent death: "We don't have all the facts," Speaker 1 said. He introduced the raid and death to underscore his point about the consequences of uncertain enforcement standards.

Speaker 1 said the lawsuit is being filed immediately and that a coalition of 21 states has joined the effort; he said he is "coleading this effort with, general Cobot, in Kansas," as spoken in the transcript (that name was not independently verified in the record). He invited questions and answered at least one, saying the legal challenge focuses on whether the ATF exceeded its statutory authority and that policy disagreements over gun-show rules should be resolved by Congress.

The suit and any court response will determine whether and how the ATF may enforce a changed standard for who must hold a federal firearms license for sales at gun shows. The filing itself is the formal action announced; Speaker 1 said the legal claim will include both an ultra vires/power-exceeding argument and an arbitrary-and-capricious challenge to the agency's rule-making.

Next steps: the lawsuit has been filed (transcript: "this suit is being filed right now") and will proceed through the courts; Speaker 1 said a press release listing the 21-state coalition will be distributed.