Paxton sues ATF over new gun sales requirements

The ATF is expanding the definition of what is considered a firearm "dealer," subjecting private sellers to the same licensing and safety requirements as commercial stores.

AUSTIN (Nexstar) -- Texas Attorney General Ken Paxton is leading a coalition of Republican states in suing the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) over a new rule that will require licenses and background checks for private firearms sales.

The ATF is expanding the definition of what is considered a firearm "dealer," subjecting private sellers to the same licensing and safety requirements as commercial stores.

President Biden said the change "is going to keep guns out of the hands of domestic abusers and felons.”

At a press conference in Frisco to announce the lawsuit, Paxton said the rule change exceeds the authority of a federal agency and violates the Second Amendment.

"We will not let Biden continue his tyrannical abuse of power," Paxton said. "If the Constitution means anything, if federal law means anything, we're going to win this battle."

Paxton was joined at the press conference by Kansas Attorney General Kris Kobach and Texas House candidate Wes Virdell. Kobach said the new requirements will place an undue burden on Americans selling their firearms to friends or family.

"If Ken and I were to trade guns, one of us would have to get a (federal firearms license), we'd have to pay $200 and have ATF issue a license so that one of us is now a dealer," Kobach said. "The one who is a dealer would have to do background checks. So the background check is part of the burden that is placed on ordinary Americans."

The lawsuit was filed in federal court in Amarillo. Paxton expressed confidence in winning in the Fifth Circuit Court of Appeals but implied he would hope the U.S. Supreme Court would consider the case if it reaches that stage.