AUSTIN, Texas—In a significant legal setback for the Biden administration’s gun control efforts, U.S. District Judge Matthew Kacsmaryk has issued an injunction preventing the implementation of a new rule requiring background checks for firearms purchases at gun shows and other venues outside traditional brick-and-mortar stores. The rule, part of an extensive strategy to curb gun violence, was set to take effect on Monday.
Judge Kacsmaryk, a Trump appointee known for his controversial rulings, blocked the rule in Texas, a state with a storied history of gun rights advocacy. His order also extends to several gun-rights groups, notably including the Gun Owners of America, but exempts Louisiana, Mississippi, and Utah, despite these states being part of the lawsuit.
In his ruling, Kacsmaryk articulated the plaintiffs’ fear, stating, “Plaintiffs understandably fear that these presumptions will trigger civil or criminal penalties for conduct deemed lawful just yesterday.” He further criticized the rule for its assumptions about when individuals are engaged in the business of selling firearms, arguing it inverts the burden of proof. “This is highly problematic,” Kacsmaryk wrote, as it forces the firearm seller to prove their innocence rather than the government to prove guilt.
The rule in question is an extension of the Bipartisan Safer Communities Act of 2022, which redefined who is considered “engaged in the business” of selling firearms. The intention was to close loopholes that have allowed unlicensed dealers to sell guns without background checks, thus keeping firearms out of the hands of domestic abusers and felons. “This is going to keep guns out of the hands of domestic abusers and felons,” President Joe Biden remarked, emphasizing the life-saving potential of the regulation.
However, opposition has been fierce. Twenty-six Republican attorneys general, led by Texas Attorney General Ken Paxton, have mounted a legal offensive against the rule, arguing it violates the Second Amendment. Paxton proclaimed, “I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” adding that the rule “subject[s] hundreds of thousands of law-abiding gun owners to presumptions of criminal guilt for engaging in constitutionally protected activities.”
Gun Owners of America, represented by senior vice president Erich Pratt, also celebrated the ruling as a defense against perceived federal overreach. “This ruling is a compelling rebuke of their tyrannical and unconstitutional actions that purposely misinterpreted federal law to ensure their preferred policy outcome,” Pratt said.
The Biden administration, having proposed the rule in August, received over 380,000 public comments. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Director Steve Dettelbach defended the rule, asserting, “This final rule does not infringe on anyone’s Second Amendment rights, and it will not negatively impact the many law-abiding licensed firearms dealers in our nation.”
Judge Kacsmaryk’s ruling has added fuel to the ongoing debate over “judge shopping,” a tactic where litigants file cases in districts known for having ideologically sympathetic judges. Senate Majority Leader Chuck Schumer decried this practice, labeling it “deeply unfair.” He noted, “Today was supposed to be a significant day for gun safety in America… But surprise, surprise: MAGA radicals have put background check reforms on ice by going to their favorite judge in the entire country, in the Northern District of Texas.” Schumer vowed to push for legislation aimed at curtailing judge shopping, although such efforts are expected to face stiff opposition.
Relevant articles:
– Federal Judge Blocks Biden Administration’s Gun Show Background Check Rule in Texas , The Truth About Guns, 05/23/2024
– Judge blocks Biden administration from enforcing new gun sales background check rule in Texas, The Associated Press, 05/20/2024
– Federal judge in Texas blocks Biden rule expanding gun background checks, The Hill, 05/20/2024
– Texas judge blocks Biden administration rule requiring more gun sellers to run background checks, Fox News, 05/20/2024
– Controversial judge blocks enforcement of background check rule, MSNBC, 05/21/2024
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