In May 2024, three Kansas residents and a Kansas antique gun…

Questions

In Mаy 2024, three Kаnsаs residents and a Kansas antique gun club (plaintiffs) filed a lawsuit against U.S. Attоrney General Merrick Garland seeking tо blоck a new rule that would have expanded the definition of who is “engaged in the business” of selling firearms under existing ATF guidelines (Bureau of Alcohol, Tobacco, Firearms, and Explosives). Rather than only regulating those individuals who sale firearms as their primary livelihood (i.e., firearms shop owner), the rule would be modified to include the regulation of those intending to “predominantly earn a profit” from the sale of arms. The new rule would require these sellers to be licensed and conduct background checks of the prospective buyers before completing the transfer. Opponents of the new rule argued that, because it regulates even the “local sale of one firearm,” it would diminish the number of individuals interested in selling firearms, negatively impacting sales tax revenue. Supporters of the new rule argued that it would help curb the number of private, unregulated gun sales. The state of Arkansas was one of twenty states that also joined the case as plaintiffs, and together, the plaintiffs filed the case in the Eastern District of Arkansas, a federal district court. However, U.S. District Judge James M. Moody, Jr. dismissed the case, citing that his courtroom was an improper venue because the state of Arkansas had not shown proof of financial injuries that are “concrete, particularized, and actual or imminent.” In other words, the state of Arkansas could not prove that it had been directly impacted by or suffered from the ATF’s decision. Because the state could not provide a legitimate reason for participating in the case, it lacked a stake in the outcome. (State of Kansas, et al. v. Merrick Garland, et al. || E.D. Ark. May 23, 2024) Based on the details provided above, the U.S. District Judge Moody tossed the case on what grounds?

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