A federal judge in Texas has issued a temporary injunction against a recent rule proposed by the Biden administration. The rule aimed to require gun dealers to conduct background checks and obtain licenses when selling firearms at events and locations that are not traditional gun stores. The judge’s decision puts a halt to the implementation of this rule for the time being.
The order issued by U.S. District Judge Matthew Kacsmaryk in Amarillo will stay in effect until June 2. This order applies to Texas and individuals who belong to gun rights organizations, such as the Gun Owners of America. However, Judge Kacsmaryk noted that the states of Louisiana, Mississippi, and Utah will not receive relief at this point in the legal proceedings.
According to Reuters, Kacsmaryk pointed out that the new rule contradicted the language of the 2022 Bipartisan Safer Communities Act. The act aimed to expand the category of gun sellers who are required to obtain licenses. Kacsmaryk also criticized the rule for not allowing individuals who purchase or sell guns for personal protection to be eligible for the licensing requirement exemption given to those who buy or sell firearms for a “personal collection.”
According to the judge, the provision in the statute that is supposed to offer gun owners a safe harbor actually fails to do so for the majority of them.
Groups criticize the Biden administration for its new ATF rule, accusing them of “weaponizing every tool.”
Customers are seen shopping for handguns at the Des Moines Fairgrounds Gun Show at the Iowa State Fairgrounds in Des Moines, Iowa, in March 2023.
Texas Attorney General Ken Paxton expressed relief over obtaining a restraining order to prevent the implementation of the illegal rule. In a statement, he emphasized that the Biden Administration cannot unilaterally undermine Americans’ constitutional rights and render the Second Amendment null and void.
According to Paxton’s office, the Biden Administration has issued a new regulation that would impose presumptions of criminal guilt on hundreds of thousands of law-abiding gun owners. This move comes despite Congress acknowledging the legality of private firearms sales by non-dealers. The regulation would essentially subject these individuals to potential criminal charges for engaging in constitutionally protected activities.
Biden Implements New Measures to Expand Background Checks for Gun Sellers
President Biden has expressed his commitment to preventing domestic abusers and felons from accessing firearms. He firmly believes that taking such measures is crucial in the effort to save lives.
According to the administration’s estimation, the implementation of this rule will require approximately 20,000 firearms dealers who were not previously conducting background checks to start doing so. This will be in addition to the existing 80,000 federally-registered dealers who already comply with this requirement.
Texas Attorney General Ken Paxton made a grand entrance alongside former President Trump at his highly anticipated criminal trial in New York on April 30. The duo’s arrival drew significant attention and media coverage, highlighting the gravity of the situation.
According to Bureau of Alcohol, Tobacco and Firearms Director Steve Dettelbach, the final rule does not violate anyone’s Second Amendment rights and will not have a negative impact on law-abiding licensed firearms dealers in the country. He emphasized that these dealers are already complying with the existing regulations.
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