A federal judge in Texas temporarily halted the Biden administration’s enforcement of its gun background check rule in the state on Sunday evening, just one day before it was set to take effect nationwide.
U.S. District Judge Matthew Kacsmaryk, appointed by former President Donald Trump, issued a temporary injunction against the Bureau of Alcohol, Tobacco, Firearms, and Explosives to prevent the federal rule from being enforced in Texas. This injunction does not extend to other states that contested the rule.
The rule was set to take effect on Monday and aimed to close the “gun show loophole” by requiring dealers selling guns for profit to be licensed and mandating background checks for buyers.
Ken Paxton, the Republican Attorney General of Texas who challenged the Biden administration rule, expressed relief over the order preventing the rule’s enforcement, saying in a statement, “I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect.” The challenge was also supported by the Gun Owners of America, a pro-Second Amendment group.
Erich Pratt, senior vice president of GOA, said, “President Biden and his anti-gun administration have aggressively pursued an agenda meant to harass, intimidate, and criminalize gun owners and dealers at every turn.”
The plaintiffs argued that the ATF rule violated the Bipartisan Safer Communities Act of 2022 and the Second Amendment. While Kacsmaryk did not address the constitutional claim, he agreed with the plaintiffs that the rule conflicted with the 2022 law.
Kacsmaryk wrote that the BSCA did not amend the Firearm Owners’ Protection Act of 1986, nor did it alter the older law’s exemptions for “a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.”
The temporary restraining order does not cover Louisiana, Mississippi, and Utah, despite their participation in the original suit. Kacsmaryk ruled that these states lacked standing to bring the case in Texas. However, the ruling does extend to members of the GOA, the Gun Owners Foundation, the Tennessee Firearms Association, and the Virginia Citizens Defense League.
Sam Paredes, representing the Gun Owners Foundation board, stated that his group was “thrilled” with the court’s decision and prepared to “continue the fight going forward.”
The ATF rule’s effective date coincides with former President Trump’s address at a National Rifle Association event on Saturday, where he pledged to revoke gun regulations implemented under President Joe Biden.
Following Trump’s remarks, Biden campaign spokesman Ammar Moussa accused Trump of following whatever “the NRA tells him to do — even if it means more death, more shootings, and more suffering.”
