A federal judge in Texas has temporarily blocked the Biden administration from fully enforcing a contentious gun background check rule proposed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
This ruling represents a significant setback for the Biden administration’s efforts to tighten firearm regulations, drawing praise from gun rights advocates and condemnation from proponents of stricter gun control measures.
“I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” said Texas Attorney General Paxton. “The Biden Administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment.”
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The ATF rule, announced in April 2024, sought to dramatically expand the definition of who is considered a “gun dealer” subject to federal background check requirements. This would have effectively increased the number of individuals required to undergo background checks prior to firearm purchases.
However, the temporary restraining order issued by United States District Judge Matthew J. Kacsmaryk of the Northern District of Texas has temporarily halted the implementation of this rule, pending further legal proceedings.
The ATF rule in question was introduced by the Biden administration in the wake of the deadly school shooting in Uvalde, Texas, which had sparked renewed calls for legislative action on gun control. The rule aimed to broaden the criteria for who must obtain a federal firearms license and conduct background checks on prospective buyers.
Specifically, the rule would have expanded the definition of being “engaged in the business” of selling firearms, thereby subjecting more individuals to the background check requirement. This move was seen by the administration as a way to close perceived loopholes in existing gun laws and enhance public safety.
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However, the rule faced immediate backlash from gun rights advocates, who argued that it represented an overreach of executive authority and a violation of the Second Amendment. Several Republican-led states, led by Texas Attorney General Ken Paxton, filed a lawsuit challenging the legality of the ATF rule.
In a victory for the gun rights advocates, Judge Kacsmaryk issued a temporary restraining order on Sunday, May 19, 2024, blocking the ATF from enforcing the rule against the state of Texas and the gun organizations that were part of the lawsuit. The judge’s ruling stated that the plaintiffs were “substantially likely to succeed on the merits” of their challenge to the ATF’s actions.
The judge expressed concerns that the rule’s presumptions about who is engaged in the business of selling firearms could lead to “civil or criminal penalties for conduct deemed lawful just yesterday.” He was skeptical of the ATF’s claims that its “knowledge of existing case law” and “subject-matter expertise” would prevent any misuse or abuse of the new regulations.
The temporary restraining order will remain in effect until June 2, 2024, allowing for further hearings and legal arguments to be presented before a more permanent decision is made.
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