A federal judge in Texas has temporarily blocked a new Biden administration rule that would require gun dealers to conduct background checks and secure licenses before selling firearms at shows and other venues other than traditional gun stores. .
U.S. District Judge Matthew Kacsmarik’s order in Amarillo is in effect until June 2 and affects the state of Texas and members of gun rights groups, including Gun Owners of America. He said Louisiana, Mississippi and Utah “are not entitled to relief at this stage of the litigation.”
According to Reuters, Kaczmarik wrote that the new rules conflict with the language of the Bipartisan Safe Neighborhoods Act of 2022, which expanded the categories of gun sellers required to obtain a license. He also charged that the rule does not allow people who buy or sell guns for personal protection purposes to qualify for the exemption from licensing requirements given to people who buy or sell guns for “private collections.”
The judge noted that this means that “the statute’s safe harbor provisions provide no safe harbor at all for the vast majority of gun owners.”
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A customer purchases a handgun at the Des Moines Fairgrounds Gun Show at the Iowa State Fairgrounds in Des Moines, Iowa, in March 2023. (Reuters/Jonathan Ernst)
“We are relieved that we were able to secure a restraining order that will prevent this illegal regulation from taking effect,” Texas Attorney General Ken Paxton said in a statement. “The Biden administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment.”
“Despite Congress’ recognition of the legality of private firearm sales by non-sellers, hundreds of thousands of law-abiding gun owners have been forced to engage in constitutionally protected activities,” Paxton’s office said. “We have issued new regulations that impose a presumption of criminal guilt.” Said.
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Several AR-15 style rifles are on display for sale at gun stores. (Reuters/Bing Guan)
President Biden previously said the rule would “keep guns out of the hands of domestic abusers and felons” and that his administration “will continue to do everything we can to save lives.”
The administration predicted the rule would force about 20,000 firearms dealers to conduct background checks, in addition to the 80,000 federally registered firearms dealers who already conduct background checks.
Texas Attorney General Ken Paxton attended a criminal trial in New York with former President Trump on April 30th. (Justin Lane/Reuters)
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“This final rule does not violate anyone’s Second Amendment rights and will not negatively impact our nation’s many law-abiding licensed firearms dealers,” the Bureau of Alcohol, Tobacco and Firearms said. Secretary of State Steve Dettelbach previously stated. “They’re already playing by the rules.”
FOX News’ Anders Hagström contributed to this report.
