Texas judge stops Biden’s rule for more background checks on gun sellers
Gun rights advocates, along with Texas and members of gun rights groups, including the Gun Owners of America, have scored a temporary victory in the fight against a controversial new rule proposed by the Biden administration. U.S. District Judge Matthew Kacsmaryk in Amarillo has issued an order blocking the rule that would have required gun dealers to conduct background checks and obtain licenses when selling firearms at venues such as gun shows.
The ruling, which will remain in effect until June 2, specifically covers Texas, while Louisiana, Mississippi, and Utah will have to wait for relief pending further litigation. Judge Kacsmaryk pointed out that the new rule contradicts the language of the 2022 Bipartisan Safer Communities Act, which expanded the category of gun sellers required to obtain licenses. He criticized the rule for failing to allow individuals who buy or sell guns for personal protection to qualify for an exemption from the licensing requirement afforded to those who purchase or sell firearms for a “personal collection.”
In his written decision, Judge Kacsmaryk emphasized that the current rule leaves the majority of gun owners with no protection under the statute’s safe harbor provision. This ruling has been met with relief and praise from gun rights advocates, including Texas Attorney General Ken Paxton, who stated, “The Biden Administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment.”
Paxton’s office further criticized the new regulation, alleging that it would unfairly target law-abiding gun owners and subject them to unwarranted presumptions of criminal guilt for engaging in activities protected by the Constitution. Meanwhile, President Biden has defended the rule, arguing that it is necessary to prevent firearms from falling into the hands of domestic abusers and felons, emphasizing his administration’s commitment to saving lives.
The administration estimates that the rule would impact approximately 20,000 firearms dealers, adding to the 80,000 federally-registered dealers who were already conducting background checks. Despite these assurances, gun rights advocates remain steadfast in their opposition, asserting that the rule infringes on Second Amendment rights and unfairly burdens law-abiding gun owners.
Steve Dettelbach, Director of the Bureau of Alcohol, Tobacco, and Firearms, has defended the rule, stating that it does not impede on Second Amendment rights and will not adversely affect licensed firearms dealers who are already complying with existing regulations.
