TALLAHASSEE 鈥� The Biden administration this week urged a judge to toss out a Florida lawsuit challenging a new federal rule that will require more gun sellers to be licensed and run background checks on buyers.
U.S. Department of Justice attorneys Monday filed a 22-page motion in federal court in Tampa arguing that Florida does not have legal standing to challenge the rule, which was finalized in April by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.
Florida Attorney General Ashley Moody filed the lawsuit May 1, in part alleging that the rule will force the state to handle a 鈥渟urge鈥� in requests for background checks. The Florida Department of Law Enforcement conducts checks.
But in the motion, Justice Department attorneys described such potential effects as 鈥渟elf-inflicted鈥� because the FBI could do the background checks for the state. It said Florida 鈥渉as made the voluntary decision to add a layer of bureaucracy鈥� and, as a result, does not have standing to challenge the rule.
鈥淭he Federal Bureau of Investigation operates the federal firearms background check system and offers full background check services to states for free,鈥� the motion said. 鈥淭he majority of states rely on the FBI to conduct background checks, and those states incur no costs or burdens relating to background checks. The federal government has not forced Florida to conduct background checks; Florida has voluntarily taken on that burden.鈥�
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Florida and other Republican-led states have filed lawsuits challenging the rule, which is an outgrowth of a 2022 federal law, known as the Bipartisan Safer Communities Act, that made changes to the longstanding background-check system. The Bureau of Alcohol, Tobacco, Firearms and Explosives developed the rule to carry out the law.
When the rule was finalized, the Biden administration said it was designed to close 鈥渓oopholes鈥� in the system that requires licensed gun dealers to run background checks. An overview posted on the White House website said 鈥渁 growing number of unlicensed sellers continue to sell firearms for profit to complete strangers they meet at gun shows and online marketplaces, which has been a critical gap in the background check laws.鈥�
In part, the rule changed a definition of being 鈥渆ngaged in the business鈥� as a firearms dealer who needs to be licensed, according to Monday鈥檚 motion. The revised definition applies to a 鈥減erson who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms. The term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of the person鈥檚 personal collection of firearms.鈥�
Justice Department attorneys argued in the motion that the definition closely tracks the 2022 law. But Florida鈥檚 lawsuit said the rule goes 鈥渇ar beyond鈥� the law and violates what is known as the federal Administrative Procedure Act.
As an example, the lawsuit partially quoted federal law and said the rule 鈥渙bliterates the exception to the definition of 鈥榙ealer鈥� for 鈥榓 person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.鈥欌��
鈥淢any gun owners buy and then resell firearms,鈥� the lawsuit said. 鈥淪ometimes they do so only to add to their personal collection. 鈥� (However), sometimes increasing the value of that collection is one of their motives 鈥� just as collectors of other items hope their collections will gain value and potentially be resold for a profit.鈥�
Standing is an initial threshold that judges consider in whether lawsuits should move forward. While Monday鈥檚 motion focused on the standing issue, Justice Department attorneys also called the state鈥檚 arguments about the Administrative Procedure Act 鈥渕eritless.鈥�
The case is assigned to U.S. District Judge Charlene Edwards Honeywell, who had not scheduled a hearing as of Wednesday morning, according to an online court docket.
