for administering and executing the laws, customs, practices and policies of the United States, and is currently enforcing the laws, customs, practices and policies complained of in this action. 6.

Defendant B. Todd Jones is sued in his official capacity as the Director of the

Bureau of Alcohol, Tobacco, Firearms and Explosives (“BATFE”). As Director of BATFE,

Defendant Jones is responsible for administering and executing the laws, customs, practices and policies of the United States, and is currently enforcing the laws, customs, practices and policies complained of in this action.

JURISDICTION AND VENUE

7.

The Court has subject-matter jurisdiction pursuant to 28 U.S.C. §§1331, 1343, 1346, because this action arises under the Constitution and laws of the United States and further has jurisdiction to render declaratory relief under 28 U.S.C. §§ 2201 and 2202. 8.

Venue is proper in this district pursuant 28 U.S.C. § 1931(e)(1)(C) because no real property is involved, the Plaintiff resides in Texas and the defendants are agencies of the United States or officers thereof acting in their official capacity and 28 U.S.C. § 1931(e)(1)(B) as a substantial part of the events and omissions giving rise to the claim occurred in this judicial district.

FACTUAL ALLEGATIONS

9.

The Second Amendment states, “

A well regulated Militia, being necessary to the sec

urity of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

U.S. Const. amend. II. The right preserved by the Second Amendment requires that it be subject to the highest standard of review, and it plainly commands its own standard:

shall not be infringed

.