LITTLE ROCK – Attorney General Tim Griffin today issued the following statement after filing a motion for reconsideration in a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ new unlawful rule expanding the definition of who must become a federally licensed firearms dealer:
“On May 1, I co-led a multistate lawsuit challenging the ATF’s rule that radically expanded the definition of who must be a federally licensed firearms dealer. I filed suit against the ATF because only Congress can make laws, and Congress has never passed into law the ATF’s dramatic new expansion of firearms dealer license requirements.
“Last week, a federal district court in Little Rock ordered our case to be transferred to a federal district court in Kansas. That order dismissed Arkansas from the case on the grounds that the state would financially benefit from the ATF rule. But that’s not the case, and the Little Rock court’s order only concluded otherwise by ignoring basic tax law. That’s why we’ve asked the Kansas court to reconsider and correct the Little Rock court’s flawed order.
“Moreover, in ordering our case’s immediate transfer, the Little Rock order also violated Eighth Circuit Court of Appeals precedent requiring ‘district court clerks [to] … wait a reasonable period before transferring case files after a transfer order is entered.’ That precedent exists to ensure the Eighth Circuit can review and correct erroneous transfer orders before they become effective, yet the Little Rock order unlawfully short-circuited that process, depriving Arkansas of the opportunity to obtain reversal of the district court’s erroneous order.
“The ATF’s unlawful rule is yet another in a long line of federal overreaches by the Biden administration. This rule harms Arkansans, and Arkansas’s standing in the case should never have been in question. I look forward to continuing to defend the people of Arkansas—even if an erroneous ruling requires me to do so in Kansas.”
To read the brief in support of motion for reconsideration, click here.
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