A federal judge has temporarily blocked the Biden administration from enforcing a federal rule in four states that requires people who sell firearms online and at gun shows to conduct background checks on their potential customers. US District Judge Matthew Kacsmaryk issued a preliminary injunction preventing the Bureau of Alcohol, Tobacco, Firearms and Explosives from enforcing the rule in Texas, Louisiana, Mississippi, and Utah, as well as against several gun rights groups and an individual gun owner in Texas who are part of the lawsuit. Kacsmaryk, known for ruling against Biden administration policies, stated that the administration violated federal rulemaking procedures in finalizing the new rule earlier this year.
The new ATF rule, which took effect on May 20, aims to close the “gun show loophole” by increasing the requirements to obtain a federal firearms license and defining more specifically what it means to be “engaged in the business” of selling firearms. The Justice Department hopes that by clearly defining the term, it will better regulate the market and encourage higher compliance with the federal background check requirement. Texas Attorney General Ken Paxton applauded the injunction, stating that the rule would criminalize the private sale of guns and violate Second Amendment rights. The judge’s previous block on enforcing the rule against some of the plaintiffs will continue until the resolution of this lawsuit.
The preliminary injunction issued by Judge Kacsmaryk will prevent the enforcement of the rule in the four states and against the gun rights groups and individual gun owner until the lawsuit is resolved. The decision was made based on the judge’s belief that the Biden administration violated federal rulemaking procedures when finalizing the rule, which has been in effect since May 20. The Justice Department has not yet commented on the ruling, and more than a dozen GOP-led states are also challenging the new rule in a separate lawsuit led by the attorney general of Kansas.
Texas Attorney General Ken Paxton stated that the new ATF rule would criminalize the private sale of guns and violate Second Amendment rights, and he applauded the injunction granted by Judge Kacsmaryk. The judge, known for his conservative rulings against Biden administration policies, blocked the ATF from enforcing the rule in four states and against specific plaintiffs, pending the resolution of the lawsuit. The ruling is seen as a victory for gun rights advocates and critics of the Biden administration’s efforts to increase regulation on the sale of firearms. The Justice Department has not yet issued a comment on the injunction, which will remain in place until the lawsuit is resolved.
