Press Releases

Washington, D.C. – House Budget Chairman Jodey Arrington (TX-19) led 20 of his Texas Republican colleagues in filing an amicus brief  in opposition to the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) new rule targeting the private transactions of firearms.

“The Biden-Harris administration has made a habit of infringing on the Constitutional rights of the American People, this time taking direct aim at the 2nd Amendment,” said Chairman Arrington. “Instead of keeping the ATF within the limits of its jurisdiction to enforce the law, this administration is criminalizing firearms sales/trades between law-abiding citizens. I’m proud to have led 20 of my fellow Texas Republicans in filing an amicus brief to rein-in the ATF and safeguard our 2nd Amendment rights.”

“Agencies must operate within the limits set by the Constitution and by statute,” said Eric Heigis, attorney at the Texas Public Policy Foundation’s Center for the American Future. “By regulating firearm transactions everywhere—even private, intrastate exchanges—ATF’s final rule goes beyond the Gun Control Act’s scope. It also likely violates the Constitution’s limited, enumerated powers. We are proud to represent the amici in this case and look forward to the court vacating this flawed rule.”

Background:

• Texas v. ATF challenges the ATF’s Final Rule titled Definition of “Engaged in the Business” as a Dealer in Firearms, which misinterpreted the definition of “firearms dealer” under federal law.
• Under the Gun Control Act of 1968, individuals "engaged in the business" of selling firearms are required to obtain a federal firearms license and conduct background checks on buyers. 
• But the ATF issued a rule that wrongfully expanded the definition of those “engaged in the business,” requiring individual firearms transferors to prove they are not engaged in the business of selling firearms. 

• Texas, joined by other states, and the Gun Owners of America, filed a lawsuit arguing that this rule oversteps ATF’s statutory authority, infringing on the rights of private gun owners and impeding lawful gun sales.

• Chairman Arrington’s amicus brief supports Texas’ assertion that the rule unlawfully extends federal regulatory power over private sales.
• Arrington was joined by Reps. Ronny Jackson (TX-13), Brian Babin (TX-36), Nathaniel Moran (TX-01), Keith Self (TX-03), Pat Fallon (TX-04), Troy Nehls (TX-22), Pete Sessions (TX-17), Randy Weber (TX-14), Chip Roy (TX-21), Roger Williams (TX-25), Jake Ellzey (TX-06), Tony Gonzales (TX-23), Dan Crenshaw (TX-02), Morgan Luttrell (TX-08), Michael Cloud (TX-27), August Pfluger (TX-11), Beth Van Duyne (TX-24), Lance Gooden (TX-05), Michael Burgess (TX-26), and Wesley Hunt (TX-38).

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