Plaintiffs bring this action seeking 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” (“Final Rule”), 89 Fed. Reg. 28968. [More]
This is good work:
COUNT 5 Second Amendment: Right to Keep and Bear Arms 193. All foregoing allegations are repeated and realleged as if fully set forth herein. 194. The Second Amendment provides that “[a] well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” 195. The text of the Second Amendment provides no qualifications or limitations constraining who may exercise the right or for what purpose the right may be exercised. Accordingly, the Second Amendment presumptively protects all Americans and all lawful purposes. 196. ATF failed “to justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation.” N.Y. State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1, 17 (2022). Nor can ATF justify its regulation because there is no early American tradition of requiring licensure of gun sellers
Plenty of pundits will be giving you their read on this. Why not read it for yourself?
[Via Len Savage]
