Texas AG Sues Biden Administration Over New Firearm Sale Rules

 May 3, 2024

Texas Attorney General Ken Paxton, along with Kansas Attorney General Kris Kobach, has filed lawsuits against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to contest a new rule requiring background checks for private gun sales.

The lawsuit is a direct response to the Biden administration's push for expanded federal licensing and background checks for private firearm transactions. The new ATF regulation would mandate background checks for private gun sales, potentially affecting hundreds of thousands of gun owners.

According to Fox News, Paxton and Kobach announced their lawsuit during a press conference at the Frisco Gun Club. Both attorneys general criticized the ATF, alleging it overstepped its authority by expanding licensing rules and background checks to private firearm sales.

Background Checks For Private Firearm Sales

Paxton and Kobach argue that the new rules would unfairly criminalize private firearm sales, which they claim are constitutionally protected.

During the press conference, Paxton invoked the historical phrase "Come and take it," a rallying cry with deep roots in Texas history. This phrase was first used during the Battle of Gonzales in 1835 when Texan rebels defied Mexican rule.

The "Come and Take It" flag, which features a cannon and the famous phrase, has become a symbol of Texas pride and resilience. The ATF policy, proposed by the Biden administration, would require those who sell guns for profit to register as licensed dealers, even if the transactions occur privately.

Historical Significance Of The Phrase

The phrase "Come and Take It" dates back to ancient Greece, where King Leonidas I used the equivalent phrase "Molon labe" during the Battle of Thermopylae.

In Texas, the phrase came into prominence during the Texas Revolution when American colonists resisted Mexican rule at the Battle of Gonzales. The phrase has since come to symbolize defiance against efforts to strip away rights or privileges.

In their press conference, Paxton and Kobach emphasized their commitment to defending the right to buy and sell firearms privately. The lawsuit is part of a multi-state coalition effort to safeguard this constitutional right.

The new ATF policy targets individuals who sell guns primarily for profit, requiring them to register as licensed dealers and conduct background checks.

Ken Paxton voiced his concerns about the new ATF regulation, emphasizing the perceived threat to Second Amendment rights:

Yet again, Joe Biden is weaponizing the federal bureaucracy to rip up the Constitution and destroy our citizens’ Second Amendment rights. This is a dramatic escalation of his tyrannical abuse of authority. With today’s lawsuit, it is my great honor to defend our Constitutionally-protected freedoms from the out-of-control federal government.


Texas Attorney General Ken Paxton and Kansas Attorney General Kris Kobach are challenging a new ATF regulation requiring background checks for private gun sales. The regulation is part of the Biden administration's effort to expand federal licensing and background checks for private firearm transactions.

The attorneys general argue that the new rules could unfairly criminalize private sales of firearms. Paxton's invocation of the phrase "Come and take it" highlights the deep historical roots of the phrase in Texas. The lawsuit is part of a broader multi-state coalition effort to protect the constitutional right to buy and sell firearms privately.

About Robert Cunningham

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

Top Articles



Receive information on new articles posted, important topics and tips.
Join Now
We won't send you spam. 
Unsubscribe at any time.

Recent Articles

Recent Analysis

Copyright © 2024 - CapitalismInstitute.org
A Project of Connell Media.