The Tennessee Firearms Association (TFA) is joining a lawsuit with several states and pro-Second Amendment groups against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which says that the ATF is far too broadly interpreting a new law passed by Congress regarding private gun sales.
The lawsuit stems from the definition of the term “‘Engaged in the Business’ as a Dealer in Firearms,” and claims that the ATF is angling to make citizens who sell even one firearm privately subject to licensure that large firearms sellers must obtain, according to a release from TFA.
The legal complaint says:
Shockingly, where ATF declares that whether a person is engaged in the business as a dealer in firearms is a fact-specific inquiry, it also states that “there is no minimum threshold number of firearms purchased or sold that triggers the licensing requirement. Similarly, there is no minimum number of transactions that determines whether a person is ‘engaged in the business’ of dealing in firearms. For example, even a single firearm transaction or offer to engage in a transaction, when combined with other evidence (e.g., where a person represents to others a willingness and ability to purchase more firearms for resale), may require a license; whereas, a single isolated firearm transaction without such evidence would not require a license. At all times, the determination of whether a person is engaged in the business of dealing in firearms is based on the totality of the circumstances.”
TFA is trying to ensure that private gun sellers are not subject to the same licensure rules as large gun stores.
The group also criticized the Tennessee General Assembly and Gov. Bill Lee (R).
“As it has become increasingly obvious that neither the Tennessee Legislature nor its Governor are serious about their assurances that they will support and protection the Second Amendment rights of Tennesseans, TFA has joined with the four other states and others in an effort to fight the obvious constitutional violations by the federal government and Biden’s administrative branch that are intended to make hundreds of thousands of Tennesseans either apply for federal firearms licenses or face the risk of federal felony prosecutions,” says TFA’s press release.
TFA railed against Lee last year when Lee was considering Red Flag laws in the wake of a mass shooting at The Covenant School, which killed six people, including three children.
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Pete D’Abrosca is a reporter at The Tennessee Star and The Star News Network. Follow Pete on Twitter/X.
