An Amish man from Northumberland County is suing the U.S. government over the identification requirement to purchase a firearm, arguing his religious beliefs prevent him from being photographed.
Andrew Hertzler, who the lawsuit says is an active and practicing member of the Amish faith community in Lancaster County, tried to purchase a firearm at a Pennsylvania firearms dealer in June using a state-issued nonphoto ID. The sale was denied.
Hertzler said he wants to purchase a firearm for self-defense purposes.
The lawsuit points to the biblical passage Exodus 20:4, which states: “You shall not make unto thee any graven image, or any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the water under the earth.”
The lawsuit argues Hertzler could purchase firearms without photo identification by applying for a federal firearms license, which would allow him to sell, make, transfer and/or import firearms. However, it states he has “no intent to engage in the business of selling firearms.”
Hertzler reached out to U.S. Sen. Pat Toomey, who contacted the Bureau of Alcohol, Tobacco, Firearms and Explosives.
In a letter to Hertzler, Toomey said the ATF responded by saying federal laws require photo identification when purchasing a firearm, and there are no exceptions to this requirement.
U.S. Attorney General Loretta Lynch; Acting Director of the ATF Thomas E. Brandon; Assistant Director, ATF Public and Government Affairs Christopher C. Shaefer; and FBI Director James B. Comey are also named as defendants in the lawsuit.
The suit was filed Friday in U.S. Middle District Court.
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