The National Rifle Association recently flexed its considerable muscle in a lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Earlier this year, the agency published its Final Rule redefining an individual “engaged in the business” of firearms.

This would mean that scores of private gun owners who may sell a firearm or two would be forced to acquire a federal license.

The NRA action followed the U.S. Supreme Court’s recent Chevron decision that ended the previously common practice of unelected federal bureaucrats unilaterally changing or amending laws duly passed by Congress.

The high court majority correctly reversed the Executive Branch taking on the powers and responsibilities of Congress and the Judicial Branch.

With this powerful decision in hand, the NRA is now targeting the ATF’s longstanding overreach into fundamental Second Amendment rights.

Randy Kozuch is the Executive Director of the NRA Institute for Legislative Action (NRA-ILA). He explained, “The ATF’s Final rule stands to turn countless upstanding and well-intending citizens into criminals for exercising their constitutional rights. When the ATF released this Final Rule, NRA promised to use every means necessary to stop this egregious interpretation of the law.”

Kozuch further noted that recent Supreme Court decisions clearly favor the stand taken by the gun rights organization.

The group and two individuals filed suit in the Northern District of Alabama against the agency.

The plaintiffs charge that the Final Rule is needlessly vague, infringes on the right to keep, buy, and sell weapons, and violates numerous other legal statutes and precedents in its attempt to greatly expand the power of the ATF. 

The agency’s clear contradiction of both the Firearms Owners’ Protection Act of 1986 (FOPA) and the 2022 Bipartisan Safer Communities Act (BSCA) now has a powerful court challenge that bears close watching. An NRA victory would go far in further curtailing ATF abuses of power.

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