Texas Gun Rights (TXGR) continues its relentless defense of Second Amendment rights by filing an amicus brief in support of Texas Attorney General Ken Paxton’s lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) over its controversial new “dealer in firearms” rule. This rule is seen by critics, including TXGR, as an unconstitutional move to criminalize private gun transfers and create a de facto national gun registry.

The Biden administration’s ATF, under pressure from gun control advocates, has introduced a rule that would force gun owners to submit to unnecessary bureaucracy every time a firearm is transferred. This would require private individuals to undergo ATF approval, a process that critics argue violates Americans’ constitutional rights to keep and bear arms. According to TXGR, this rule would ultimately serve as a vehicle for a nationwide gun registry—a significant infringement on privacy and a direct challenge to the Second Amendment.

The Amicus Brief: A Bold Challenge to the ATF’s Overreach

TXGR has filed a powerful amicus brief in support of the lawsuit, asserting that the district court’s injunction against the ATF’s rule is too narrow and should apply to all Americans, not just the plaintiffs in the case. The brief argues that the new rule is so far-reaching that it requires universal relief to prevent it from being enforced against any citizen.

The brief highlights that the judicial power is broad, particularly when consistent with statutory law, and the Administrative Procedure Act (APA) explicitly allows for universal relief when an agency oversteps its bounds. TXGR contends that the district court should have issued a nationwide injunction, effectively postponing the rule’s enforcement across the entire country, not just for the specific plaintiffs in the case. This would prevent the ATF from moving forward with its rule until it is fully challenged in court, protecting gun owners from undue hardship.

In essence, TXGR’s amicus brief stresses the importance of ensuring that the ATF’s overreach is halted before it is allowed to permanently affect millions of Americans. The brief argues that the government should not be permitted to implement unconstitutional rules based on arbitrary and politically motivated agendas.

A Year of Legal Victories for Texas Gun Rights

This filing is just the latest in a series of legal victories for TXGR, which has been actively fighting to protect gun rights across Texas. In 2024, the Texas Gun Rights Foundation (TXGRF) has made significant strides in defending against unlawful actions by the ATF, including winning key legal battles such as:

• The Pistol Brace Ban: TXGRF secured a preliminary injunction that protected gun owners from the ATF’s unlawful ban on pistol braces, ensuring that Texans’ rights were preserved.
• Defeating the Forced Reset Trigger Ban: TXGRF successfully struck down the ATF’s illegal ban on forced reset triggers, preventing unjust enforcement that could have affected millions of gun owners.
• Challenging “Gun-Free” Zones: In an ongoing lawsuit, TXGRF is fighting against the unconstitutional ban on firearms carry at the State Fair of Texas. This case could have broader implications, challenging all “gun-free” zones on taxpayer-owned land and potentially leading to the elimination of such zones at events like the Houston Rodeo.

These victories demonstrate the power of organized resistance and the importance of standing up against federal overreach and unconstitutional gun control efforts.

Continuing the Fight

Despite the challenges, TXGR is committed to fighting against the ATF and the Biden administration’s anti-gun agenda. The organization continues to hold elected officials accountable, particularly those like Senator John Cornyn, whose gun control compromises have only fueled the Biden administration’s overreach. As the stakes for Second Amendment rights grow higher, TXGR is calling on Texans and supporters across the country to stand firm in their commitment to preserving liberty.

How You Can Help

The fight is far from over. TXGR is asking its supporters to contribute generously to continue funding these crucial legal battles. Donations to the Texas Gun Rights Foundation are tax-deductible and help ensure that the organization can file briefs, challenge unconstitutional rules, and defend Texans’ rights from overreaching federal agencies.

Every dollar contributed supports TXGR’s ability to:

• File briefs and lawsuits to challenge unconstitutional gun control laws
• Protect Texas gun owners from federal and local government overreach
• Train and equip the next generation of Liberty Leaders to carry the fight forward

As TXGR continues its mission to protect gun rights in Texas and beyond, they urge every gun owner to join the cause and ensure that future generations inherit a nation where the Second Amendment is upheld without compromise.