Five Red States Sue Over “Tyrannical” Move To Require Background Checks When Guns Are Sold At Gun Shows

Austin’s CBS affiliate reports:

Just days before the first anniversary of a mass shooting in Allen, Texas Attorney General Ken Paxton has weighed in on a gun control issue — opposing efforts by the Biden Administration to close what’s known as the “gun show loophole.” Paxton and Kansas Attorney General Kris Kobach announced on Wednesday that they are suing the Bureau of Alcohol, Tobacco, Firearms and Explosives at a press conference at the Frisco Gun Club.

“We will not let Biden continue this tyrannical abuse of power,” he said. “His war on Second Amendment rights must be stopped.” The facility is less than a half an hour from the Allen Premium Outlets, where a gunman killed eight people before he was fatally shot last year.

Mauricio Garcia, the Allen gunman, reportedly purchased most of the guns he used to kill his victims legally through private sales that didn’t require a background check. Garcia had Nazi tattoos and signed his name with what appears to be the “SS” symbol.

Via press release from Paxton’s office:



Texas Attorney General Ken Paxton is leading a multistate coalition including Kansas, Louisiana, Missouri, and Utah to sue the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) of the U.S. Department of Justice for unlawfully attempting to abridge Americans’ constitutional right to privately buy and sell firearms.

The ATF’s regulatory restrictions go beyond the authority granted to the agency by Congress. The new Final Rule is arbitrary and capricious and is a flagrant violation of the Second Amendment. Attorney General Paxton is seeking immediate injunctive relief to stop the ATF from enforcing its unlawful edict while the issue is considered fully by the courts.

Gun Owners of America (“GOA”), Virginia Citizens Defense League, and Tennessee Firearms Association joined as co-plaintiffs.

GOA Vice President Erich Pratt said: “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 further encourage this tyrannical administration to continue weaponizing vague statutes into policies that are meant to further harass and intimidate gun owners and dealers at every turn.”