Obama's Gun Control Initiative Challenged in Federal Lawsuitby Andrew M Harris
January 19, 2016 9:07 AM CST
Updated on January 19, 2016 10:24 AM CST
U.S. President Barack Obamas expansion of background checks for would-be gun buyers is being challenged in a lawsuit by a political activist who claims the changes violate the Constitution and the federal rule-making process.
It is clearly arbitrary and capricious for the defendants, each and every one of them, to now suddenly adopt and implement a new and different interpretation for no other reason than the political preferences of temporary occupants of elected office, attorney Larry Klayman said in a complaint filed at the U.S. court in West Palm Beach, Florida.
Klayman, the founder of the political watchdog group Freedom Watch, claims the background-check initiative violates the constitutions Second Amendment, which the U.S. Supreme Court has said guarantees an individuals right to bear arms for self-defense.
Even if constitutional, the redefinition circumvented the federal rule-making process, he said. Klayman ... is seeking a court order blocking the executive action and declaring the measures unlawful.
Named as defendants are the president, U.S. Attorney General Loretta Lynch and Thomas Brandon, who heads the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
Patrick Rodenbush, a spokesman for the U.S. Justice Department, didnt immediately reply to a telephone message seeking comment.
The case is Klayman v. Obama, 16-cv-80087, U.S. District Court, Southern District of Florida (West Palm Beach).
160119-ComplaintasFiledExecutiveActionGunControl.pdf 157.31KB 104 downloads
Edited by mauserme, 20 January 2016 - 12:20 PM.
Attached the complaint.