Arkansas Attorney General Tim Griffin responds to judge’s ruling on lawsuit against ATF rule change
LITTLE ROCK, Ark. – A U.S. district judge in Little Rock dismissed a lawsuit Attorney General Tim Griffin filed against the Bureau of Alcohol, Tobacco, Firearms and Explosives over a gun sales rule change.
In the decision, the judge argued the lawsuit should have been filed in Kansas where the plaintiffs reside. The judge’s Friday order transferred the case to Kansas.
Judge tosses ATF lawsuit out of Arkansas court, cites standing
Griffin responded to the Little Rock U.S. district judge’s ruling Friday.
“The district court’s order erroneously concluded that Arkansas lacked standing to challenge the ATF’s unlawful rule without commenting on the standing of our 20 state co-plaintiffs,” Griffin said in a statement. “We will be challenging that ruling in short order.”
Griffin and Kansas Attorney General Kris Kobach co-led the lawsuit on behalf of more than a dozen attorneys general.
The rule, finalized on April 11, requires anyone who sells firearms predominantly to earn a profit to become federally licensed and conduct background checks, including those selling at gun shows. Previously, the licensing requirement tended to be more focused on sellers with an established retail operation rather than those without a business license who sold at shows.
ATF director questioned on March raid of home of Little Rock airport executive Bryan Malinowski
Griffin and Kobach’s lawsuit argues that the rule change violates the long-standing precedent of going through Congress to pass a law. They also have said it’s too far-reaching in its impact.
The main concern for many proved in Washington this week to be a lack of clarity on how many guns someone needs to sell to be in the category of selling “predominantly to earn a profit.”
A congressional hearing in Washington D.C. just this week indicated that many held the belief this played a part in the ATF raid into Little Rock Airport Director Bryan Malinowski’s home that resulted in his death. Back in March, ATF raided Malinowski’s home in the early morning hours, shooting and killing him after he fired at agents in what his attorney has said was self-defense.
An affidavit says Malinowski sold guns at gun shows at a rate the ATF says crossed a line for when a private seller is required to get a federal firearms license.
U.S. House Judiciary Committee asks ATF for details of March raid on Malinowski home in Little Rock
This week the House of Representatives Weaponization of the Federal Government subcommittee questioned the ATF director over whether the current rule is clear enough for everyday citizens to understand before breaking the law.
“For a regular person that acquires guns, they’re trying to figure out, ‘how many guns do I sell before I have to register as a dealer? What you’re saying is there is no bright lining?” U.S. Rep. Matt Gaetz (R-FL) asked ATF Director Steven Dettlebach.
“I’m saying that there is now more information than ever in the form of that rule.” Dettlebach responded.
“I think just for a regular person more information than ever is probably less helpful,” Gaetz said.
“He’s dead because he was probably not realizing the changes of this rule,” U.S. Rep. Victoria Spartz (R-IN) told the director. “Do you understand how dangerous your definitions have become?”
“I don’t think it’s too much to ask for somebody who’s selling firearms repetitively for profit…to read the law,” he responded.
D.C. lawmakers hold hearing on Little Rock Airport Executive Bryan Malinowski’s death
KARK 4 News also asked Griffin if the lawsuit had anything to do with the ATF case involving Malinowski.
“We have been tracking the ATF’s rule since last year and filed official comments objecting to the rule long before the ATF raid,” Griffin said. “The lawsuit has no connection to the ATF raid even though the policy at issue in the lawsuit and in the raid are similar.”
Earlier this week, a federal judge blocked this same rule change from going into effect in Texas. Texas was one of more than a dozen states filing lawsuits, along with Arkansas, against the rule.
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