Big Sky Times

Montana Attorney General Austin Knudsen has taken a stand against the Biden administration's rule on private gun sales, leading a coalition of 21 attorneys general in filing a lawsuit. The lawsuit challenges the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule that threatens to criminalize law-abiding citizens for selling firearms without obtaining a federal license.

Attorney General Knudsen expressed his concerns, stating, “This is another attempt by the Biden administration to criminalize law-abiding Montanans for exercising their right to keep and bear arms. I will continue to stand up for our Second Amendment rights and fight the federal overreach coming out of Washington.”

The lawsuit argues that the ATF rule violates the Second Amendment by expanding the definition of a firearm dealer to include individuals who sell firearms without a federal license, even to friends or family members. According to the lawsuit, innocent sales between friends and family could potentially become felonies if the seller does not obtain a federal firearms license and perform a background check.

The lawsuit further criticizes the rule for being unconstitutional, arbitrary, and capricious, as well as unlawful under the Administrative Procedures Act (APA). It challenges the Biden administration's failure to comply with the Second Amendment and argues that the rule does not align with the historical tradition upheld by the Supreme Court.

The coalition of attorneys general, including representatives from states like Alabama, Alaska, Georgia, Idaho, and Wyoming, among others, have joined forces in the legal action against the Biden administration's rule. The lawsuit aims to protect the rights of law-abiding citizens to engage in private gun sales without facing unnecessary federal regulations and penalties.

The lawsuit underscores the importance of upholding the Second Amendment rights of Americans and resisting federal overreach in the realm of firearms regulations. Attorney General Knudsen and his counterparts are committed to defending the constitutional rights of citizens against what they perceive as government intrusion in the exercise of those rights.