By Joseph Ax and Nate Raymond
(Reuters) – More than two dozen Republican state attorneys general sued the Biden administration on Wednesday to stop a new rule that would require gun dealers to obtain licenses and conduct background checks when selling firearms at gun shows and online.
The lawsuits challenge a rule finalized last month that U.S. Justice Department officials said is aimed at closing the “gun show loophole.” Under the rule, those selling weapons at gun shows, other venues and over the internet are subject to the same requirements as gun stores to check the backgrounds of potential buyers.
The rule, which has not yet taken effect, will affect tens of thousands of gun sales a year, according to the Biden administration.
President Joe Biden has called on Congress to pass legislation requiring universal background checks and banning assault-style rifles, but Republican lawmakers oppose such laws as infringing on the U.S. Constitution’s 2nd Amendment gun rights protections.
In announcing his state’s lawsuit, Texas Attorney General Ken Paxton said the Bureau of Alcohol, Tobacco, Firearms and Explosives had exceeded its authority in promulgating the new rule.
“With today’s lawsuit, it is my great honor to defend our Constitutionally protected freedoms from the out-of-control federal government,” he said.
Louisiana, Missouri and Utah, along with Gun Owners of America and other gun rights advocacy groups, joined the Texas lawsuit. The case was filed in federal court in Amarillo, Texas, whose only active judge, Matthew Kacsmaryk, was appointed by Republican former President Donald Trump. The court has become a preferred venue for conservatives challenging Biden administration policies.
A second lawsuit, led by Arkansas and Kansas and joined by 19 other states, was filed in Arkansas. In addition, Florida Attorney General Ashley Moody filed a separate complaint in federal court in Tampa.
A spokesperson for the Justice Department declined to comment.
(Reporting by Joseph Ax; Editing by Leslie Adler)
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