State of Kansas v. Merrick Garland
TOPEKA – May 6, 2024 - Kansas Attorney General Kris Kobach is leading a coalition of state attorneys general in a lawsuit that alleges that the Biden-Harris administration's Bureau of Alcohol, Tobacco, and Firearms has issued a rule that violates the Second Amendment.
"The regulation clearly violates the Second Amendment. For as long as this country has existed, individual law-abiding Americans have sold firearms to friends and family. Doing so would become extremely difficult if this regulation were to take effect. My colleagues and I will do everything necessary to stop this from happening," Kobach said.
The coalition argues that the rule doesn’t clearly define profit, and that it presumes individual sellers are firearms dealers even if the individual only sells one firearm. The attorneys general also argue that the right to sell firearms for profit among individuals is protected by the Second Amendment.
“If the Biden-Harris administration was serious about combatting violent crime, it would focus on enforcing the laws that are already on the books to hold violent criminals accountable for their actions. Unfortunately, the administration has instead targeted innocent people who sell firearms. That is not only unlawful but wrong," Kobach said.
"The regulation clearly violates the Second Amendment. For as long as this country has existed, individual law-abiding Americans have sold firearms to friends and family. Doing so would become extremely difficult if this regulation were to take effect. My colleagues and I will do everything necessary to stop this from happening," Kobach said.
The coalition argues that the rule doesn’t clearly define profit, and that it presumes individual sellers are firearms dealers even if the individual only sells one firearm. The attorneys general also argue that the right to sell firearms for profit among individuals is protected by the Second Amendment.
“If the Biden-Harris administration was serious about combatting violent crime, it would focus on enforcing the laws that are already on the books to hold violent criminals accountable for their actions. Unfortunately, the administration has instead targeted innocent people who sell firearms. That is not only unlawful but wrong," Kobach said.
Read recent court filings below.
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