AG Mike Hilgers joins 21-state coalition in lawsuit opposing ATF rule

LINCOLN, Neb. (KOLN) - Nebraska Attorney General Mike Hilgers joined a coalition of 21 states in a lawsuit opposing an Alcohol, Tobacco, Firearms, and Explosives (ATF) rule that broadens the definition of when a person is considered “engaged in the business” as a dealer in firearms.

The final rule seeks to require a federal firearms dealer license for anybody who sells a firearm for anything the ATF sees as a profit, including currency, exchange of another firearm, or a service.

The rule goes into effect Monday, May 20.

AG Hilgers said it could make a felon of a gun hobbyist who sells a firearm to another family member or a hunter who trades a firearm with another hunting buddy.

“Until now, those who repetitively purchased and sold firearms as a regular course of business had to become a licensee… This rule would put innocent firearm sales between law-abiding friends and family members within reach of federal regulation,” the court filing reads. “Such innocent sales between friends and family would constitute a felony if the seller did not in fact obtain a federal firearms license and perform a background check.”

In the suit filed in Arkansas, the attorneys general argue that the rule is unconstitutional because it is vague, violates the Second Amendment, and circumvents Congress, AG Hilders said.

Nebraska joined the lawsuit alongside attorneys general from Alabama, Alaska, Arkansas, Georgia, Indiana, Idaho, Iowa, Kansas, Kentucky, Missouri, Montana, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, and Wyoming.

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