A federal judge has temporarily blocked the Biden administration from enforcing a federal rule in four States that requires individuals who sell firearms online and at gun shows to conduct background checks on their potential customers. The preliminary injunction issued by US District Judge Matthew Kacsmaryk applies to Texas, Louisiana, Mississippi, and Utah, and prevents the Bureau of Alcohol, Tobacco, Firearms and Explosives from enforcing the rule intended to close the gun show loophole.
The injunction also temporarily prohibits the enforcement of the federal rule against several gun rights groups and an individual gun owner in Texas who are part of the lawsuit. Judge Kacsmaryk, a conservative appointed by Donald Trump, ruled that the administration violated federal rulemaking procedures when finalizing the new rule earlier this year. This ruling is seen as a victory for Second Amendment rights advocates in those States.
The new ATF rule, which went into effect in May, aims to close the gun show loophole by increasing requirements to obtain a federal firearms license and more strictly defining what it means to be “engaged in the business” of selling firearms. The Justice Department believes that by defining the term more clearly, they can regulate the market more effectively and ensure greater compliance with the federal background check requirement.
Texas Attorney General Ken Paxton celebrated the injunction as a victory against what he termed as Biden’s unconstitutional rule that would criminalize the private sale of guns in the State. The preliminary injunction blocks the enforcement of the rule while the lawsuit is being resolved, according to Judge Kacsmaryk. The Justice Department has not yet commented on the ruling, and more than a dozen other States are also challenging the new rule in a separate lawsuit led by the attorney general of Kansas.
The ruling of the federal judge has been seen as a significant win for gun rights advocates and States that believe in protecting the Second Amendment. It represents a victory against what they view as an overreach by the Biden administration in enforcing stricter gun control measures. The judge’s decision to grant the preliminary injunction in States like Texas, Louisiana, Mississippi, and Utah is likely to have broader implications for other States challenging the ATF’s new rule.
The temporary block on enforcing the federal rule in these States aligns with the efforts of Republican-led States to push back against what they see as unconstitutional restrictions on Second Amendment rights. By thwarting the implementation of the rule, the judge’s decision serves as a reminder of the ongoing legal battles over gun control measures and the varying interpretations of the Second Amendment across different States. The outcome of the lawsuit and the broader implications of this ruling will be closely watched by proponents of both gun control and gun rights.
