The Biden administration’s new rule requiring firearms dealers to run background checks on buyers at gun shows or other locations outside of regular stores has been blocked by a federal judge in Texas. U.S. District Judge Matthew Kacsmaryk, a Trump appointee, issued the ruling before the rule was set to take effect, preventing the federal government from enforcing it against several gun-rights groups. The decision does not apply to Louisiana, Mississippi, and Utah, which were also part of the lawsuit. The rule aims to close a loophole that has allowed unlicensed dealers to sell guns without conducting background checks on buyers.
Republican attorneys general from 26 states filed lawsuits in three federal courts to block enforcement of the rule, arguing that it violates the Second Amendment of the U.S. Constitution and that President Biden does not have the authority to implement it. The rule’s requirements set presumptions about a person’s intent to make a profit and whether a seller is considered “engaged in the business.” This places the burden on the seller to prove innocence rather than the government having to prove guilt, according to Kacsmaryk. Gun Owners of America praised the ruling as a rebuke of what they see as tyrannical and unconstitutional actions by the Biden administration.
The Biden administration’s proposed rule received over 380,000 public comments and follows a gun violence prevention bill signed into law in 2022 after a school shooting in Uvalde Elementary School that resulted in numerous deaths. The rule implements a change in the 2022 law that expanded the definition of those required to be licensed by the ATF and conduct background checks when selling firearms. President Biden stated that the rule is aimed at preventing guns from falling into the hands of domestic abusers and felons, and called on Congress to pass universal background checks legislation. Kacsmaryk, the district court judge in Amarillo, Texas, has ruled against the Biden administration on other issues such as immigration and LGBTQ protections since taking the bench.
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives declined to comment on the ruling, and the Justice Department did not respond to requests for comment. The ruling has been seen as a setback to the Biden administration’s efforts to curb gun violence through stricter regulations on firearm sales. Gun-rights groups and Republican officials have applauded the decision, viewing it as a victory for Second Amendment rights. It remains to be seen how the Biden administration will respond to the ruling and whether they will seek to appeal or modify the rule in order to address the concerns raised by the court. The debate over gun control and regulation is likely to continue as the country grapples with ways to prevent gun violence while also respecting constitutional rights.
