Attorney General Formella Sues ATF Over Rule Banning Private Firearm Sales

Concord, NH - Attorney General John M. Formella joined a multistate coalition of attorneys general today in a lawsuit opposing a new federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule that would prevent law-abiding citizens from privately selling firearms.

"This new rule represents an illegal overreach by unelected federal officials and the unlawful suppression of the private transfer of firearms by law abiding citizens. The U.S. Congress has clearly defined what it means to sell firearms in our nation and the ATF has no legal authority to change that definition," said Attorney General Formella. "The rule is also a blatant violation of our constitutionally protected liberties, as Second Amendment protections have long included the rights of Americans to both acquire and sell firearms to one another in a private capacity."

The rule seeks to require a federal firearms dealer license for every individual who sells a firearm for anything the ATF sees as a profit, including currency, exchange of another firearm, or a service. It could make a felon out of a gun hobbyist who sells a firearm to another family member or a hunter who trades a firearm with a hunting partner.

"Until now, those who repetitively purchased and sold firearms as a regular course of business had to become a licensee… This rule would put innocent firearm sales between law-abiding friends and family members within reach of federal regulation," the court filing reads. "Such innocent sales between friends and family would constitute a felony if the seller did not in fact obtain a federal firearms license and perform a background check."

In the suit filed today in Arkansas, the attorneys general argue that the rule is unconstitutional, because it is vague, violates the Second Amendment, and circumvents Congress.

For the full complaint, click here.