Paxton sues Biden Administration over gun sales requirement: 'Come and take it'
FRISCO, Texas - Texas Attorney General Ken Paxton is suing the Biden Administration to block new requirements for gun sales.
The ATF recently expanded federal licensing rules and background checks to include some private sales of firearms.
Paxton says the ATF is overstepping its authority.
"My message to Joe Biden yesterday, today and forever is this: come and take it," said the attorney general during a news conference Wednesday at the Frisco Gun Club.
Paxton was joined by the attorney general of Kansas in announcing the multi-state lawsuit.
The new ATF policy requires people who sell guns primarily for profit to register as licensed dealers, regardless of where the transactions take place, requiring them to do background checks.
"Throughout the years, Congress deliberately recognized the legality of private firearm sales by non-dealers," said Paxton.
The attorney general says this fight isn't about background checks, but Second Amendment questions.
Gun show loophole: White House issues new rule to expand background checks
The rule closes a loophole allowing guns to be sold each year by unlicensed dealers who don’t perform background checks on potential buyers legally banned from having a gun.
Kansas AG Kris Kobach chimed in with his interpretation of the change to federal firearms licensing.
"Under this new rule, if Ken and I were to trade guns one of us would have to get an FFL, pay $200 and have the ATF issue a license so one of us is now a dealer. Then the one who is a dealer would have to do a background check," explained Kobach.
In April, FOX 4 interviewed Stefanie Feldman, the director of the new National Gun Violence Protection Office.
She disputes what the Kansas AG described as a requirement under the expanded rules.
"It does not apply to people who are, selling or who are giving gifts, who are liquidating a personal collection, or who are, you know, selling one gun that they've had for a while because they just don't want it anymore. And it's not that they're trying to earn a profit off of it or trying to run a business, but they're just getting rid of a gun that they've had," said Feldman.
She says the White House is trying to target those who are using the loophole of private sales, but are, in fact, making a profit off of repeated gun sales.
"This is about people who are involved in commerce and trying to run a business to sell guns for profit. That's really who we're trying to reach," Feldman said.
Paxton disagrees.
"It's not their job to go beyond what Congress has allowed," he said.
The Biden Administration says they are prepared to defend any challenge to this policy.