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Amicus Brief in Gun Owners of America v. Garland

Amici Curiae States of Montana, West Virginia, Alabama, Alaska, Arizona, Arkansas, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and Wy- oming (“the States”), represented by their respective Attorneys General, seek to preserve the fundamental and inalienable rights of their citizens to keep and bear arms. This right is essential to the maintenance of a free republic. See ANTONIN SCALIA, SCALIA SPEAKS 32 (Christopher Scalia, et al. eds., 2017) (“Our Founders, having witnessed firsthand the in- dignities and abuses that overeager governments can impose on their own citizens, believed in a citizen’s right to bear arms for protection against, among oth- er things, the state itself.”). Yet here, the Bureau of Alcohol, Tobacco, and Firearms’ (ATF) erroneous rulemaking would abridge that right by immediately transforming hundreds of thousands of law-abiding gun owners in the States into criminals. See Wooden v. United States, No. 20-5279, slip op. at 49 (Mar. 7, 2022) (Gorsuch, J., concurring) (“Any new national laws restricting liberty require the assent of the peo- ple’s representatives and thus input from the country’s “many parts, interests and classes.” (quot- ing THE FEDERALIST NO. 51, at 324 (J. Madison)). Actions like the ATF’s do not just violate important principles of administrative law.