West Virginia Joins Lawsuit Against ATF Rule Restricting Firearm Sales
West Virginia Attorney General Patrick Morrisey is leading the charge against a new Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule that has sparked controversy among gun owners and enthusiasts. The rule, which changes the definition of what it means to be “engaged in the business” as a firearms dealer, has prompted Morrisey to join a coalition of 21 states in a lawsuit.
The rule eliminates the requirement that individuals selling firearms must do so with the “principal objective” of “livelihood and profit,” and instead replaces it with the intent “to predominantly earn a profit.” This means that individuals seeking to sell a firearm for profit, whether in currency, exchange of another firearm, or a service, would now have to obtain a federal firearms dealer license, even if selling firearms is not their primary source of income.
The implications of this rule change are far-reaching, potentially affecting gun hobbyists, family members selling firearms to each other, and hunters trading firearms with friends. The process of obtaining a federal firearms dealer license involves a background check, an in-person interview, and a recommendation from the ATF, a process that usually takes 60 days.
The rule is set to go into effect on May 20, 2024, and was implemented as part of the 2022 Bipartisan Safer Communities Act. The lawsuit filed by the attorneys general of 21 states argues that the rule is unconstitutionally vague and violates the Second Amendment.
This controversial rule has divided lawmakers, with Senators Joe Manchin and Shelley Moore Capito voting for it, while House Representatives David Mckinley, Carol Miller, and Alex Mooney voted against it. The lawsuit aims to challenge the rule and protect the rights of law-abiding Americans to buy and sell firearms without unnecessary restrictions.
