CHARLESTON — West Virginia’s Attorney General and Gubernatorial Candidate, Patrick Morrisey, is leading a coalition of 21 states in a legal challenge against a recent rule issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This rule, in essence, alters the criteria for individuals selling firearms.
Previously, individuals had the opportunity to engage in such sales with the primary intention of earning a living.
Now, the rule stipulates that the primary goal should be to earn a profit, necessitating a federal firearms dealer license for those intending to sell firearms for profit. This change affects a wide range of firearm enthusiasts, including hobbyists, individuals selling to family members, and those who trade firearms with friends.
Regardless of whether selling guns is their main occupation, they are now required to obtain a federal firearms dealer license. This licensing process typically involves a 60-day period, which includes a background check and a face-to-face meeting with ATF representatives.
Set to come into effect on May 20th, this rule change is part of the 2022 Bipartisan Safer Communities Act.
However, it has gained many mixed reactions from both Senators and House Representatives, with concerns raised about potential impacts on Second Amendment rights.
The lawsuit argues that the rule lacks clarity and may infringe upon many American’s constitutional rights.