On the brink of its nationwide implementation, President Joe Biden’s administration encountered a significant legal setback as a federal judge in Texas issued a temporary restraining order against a new rule intended to tighten gun sales background checks. This directive was scheduled to close the “gun show loophole,” mandating that dealers selling guns for profit obtain licenses and conduct background checks on buyers.
U.S. District Judge Matthew Kacsmaryk, a Trump appointee, ruled that the new rule likely contravened the Administrative Procedure Act, basing his decision on its divergence from the existing federal statute and reversal from prior agency interpretation. His order halts the enforcement of the rule in Texas and against members of several gun rights groups until June 2.
The new rule, spearheaded by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), was designed to clarify the term “engaged in the business” of firearms dealing following an alteration by the 2022 Bipartisan Safer Communities Act (BSCA). It aimed at individuals who frequently sell firearms, primarily for profit, although it lacked a clear threshold for the number of transactions that would trigger the need for a Federal Firearms License (FFL). Critics, including state officials and gun rights advocates, highlighted that this ambiguity could lead to harsh penalties for what was considered lawful activity just before the rule.
“Plaintiffs understandably fear that these presumptions will trigger civil or criminal penalties for conduct deemed lawful just yesterday,” Kacsmaryk wrote in Texas v. ATF. “And as this Court’s analysis makes clear, Defendants’ Final Rule is almost certainly violative of — at the least — the [Administrative Procedure Act]. As such, ‘both the balance of equities and the public interest weigh in favor of allowing orderly judicial review of the Rule before anyone shuts down their businesses or sends them to jail.’”
This ruling was lauded by Texas officials, “I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” Texas Attorney General Ken Paxton (R.) said in a statement. “The Biden Administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment.”
On the opposing side, gun-control advocates like Eric Tirschwell, the executive director of Everytown for Gun Safety’s legal arm, criticized the decision as a risk to public safety and law enforcement. “The District Court’s decision to prevent ATF’s ‘Engaged in the Business Rule’ from taking full and immediate effect everywhere is not only deeply flawed, it’s also dangerous, and will put communities and law enforcement at greater risk of gun violence.”
Relevant articles:
– Federal Judge Partially Blocks ATF Gun Dealer Rule , The Reload, 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
– Texas judge blocks Biden ATF rule expanding gun background checks, Colorado Springs Gazette, 05/20/2024
– Federal judge in Texas blocks Biden rule expanding gun background checks, The Hill, 05/20/2024
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