In a significant challenge to the Biden administration’s gun control efforts, U.S. District Judge Matthew Kacsmaryk, a Trump appointee, issued an order preventing a new rule that mandated background checks for gun sellers at shows and other venues from taking effect. The rule was designed to tighten the so-called “gun show loophole,” which has been criticized for allowing unlicensed dealers to sell firearms without background checks, potentially putting guns in the hands of those prohibited by law from possessing them.
Before the ink could dry on the new regulations, Judge Kacsmaryk’s decision has thrown a wrench into President Biden’s broader campaign to reduce gun violence. Biden’s initiative followed the Bipartisan Safer Communities Act, a response to the devastating Uvalde Elementary School shooting. The act aimed to expand the definition of those “engaged in the business” of selling firearms, requiring them to obtain licenses and conduct background checks.
Judge Kacsmaryk’s ruling, however, highlighted concerns over the rule’s presumptions about when a person intends to make a profit from selling guns and what constitutes being “engaged in the business.” He stated, “Plaintiffs understandably fear that these presumptions will trigger civil or criminal penalties for conduct deemed lawful just yesterday.” His stance is that the rule is “highly problematic” because it seemingly reverses the burden of proof, requiring sellers to establish their innocence rather than the government proving their guilt.
In response to the judge’s order, Gun Owners of America’s senior vice president, Erich Pratt, praised the ruling, calling it “a compelling rebuke of their tyrannical and unconstitutional actions that purposely misinterpreted federal law to ensure their preferred policy outcome.”
The judge’s decision applies specifically to Texas and members of gun rights groups, such as the Gun Owners of America, but notably excludes the states of Louisiana, Mississippi, and Utah, which were also part of the lawsuit but not granted relief at this stage.
The ruling reflects the ongoing national debate over the balance between gun rights and public safety measures. While the Biden administration has argued that the rule would prevent firearms from falling into the hands of domestic abusers and felons, with President Biden emphasizing, “This is going to keep guns out of the hands of domestic abusers and felons,” opponents contend it infringes upon Second Amendment rights and imposes undue burdens on lawful gun owners.
As the federal Bureau of Alcohol, Tobacco, Firearms and Explosives declined to comment and the Justice Department did not immediately respond, the wider implications of the judge’s injunction are yet to unfold. Twenty-six Republican attorneys general have actively sought to block the enforcement of the rule, underlining the political divide surrounding gun regulations.
The location of the ruling is not without significance. Amarillo, Texas, where Judge Kacsmaryk presides, ensures that all cases filed there fall under his jurisdiction. His past decisions against Biden administration policies on immigration and LGBTQ protections signal a track record that aligns with conservative legal challenges.
Relevant articles:
– Federal judge blocks Biden administration rule requiring dealers at gun shows to run background checks , Fortune, 05/22/2024
– Judge blocks Biden administration from enforcing new gun sales background check rule in Texas, The Associated Press, 05/20/2024
– Texas judge blocks Biden administration rule requiring more gun sellers to run background checks, Fox News, 05/20/2024
– Federal judge in Texas blocks Biden rule expanding gun background checks, The Hill, 05/20/2024
– Controversial judge blocks enforcement of background check rule, MSNBC, 05/21/2024
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