On Wednesday, the Biden administration’s bid to close the “gun show loophole” was thwarted by a federal judge in Texas. The judge expanded a previous temporary ruling to cover Texas, Louisiana, Utah, and Mississippi.
Last month, Judge Matthew Kacsmaryk made a ruling which stated that the prerequisite of conducting a background check before purchasing a firearm could not be enforced in Texas. Recently, he further extended this injunction to three other states. As per his final verdict on Wednesday, the requirement to conduct a background check cannot be implemented in these states as well.
On May 20, the Biden administration implemented a new rule that has since been challenged by plaintiffs who claim that it not only violates the rights of gun owners but also exceeds the authority of the federal government.
According to Kacsmaryk, the rule imposed by the government was placing the burden of proving innocence on firearms owners, instead of the government having to prove guilt. This could result in civil or criminal penalties for actions that were previously considered lawful. The plaintiffs’ argument was supported by Kacsmaryk, who agreed that the rule was fundamentally flawed in this regard.
He discovered that the language incorporated to safeguard gun owners from prosecution was insufficient.
In the judge’s opinion, the safe harbor provision of the statute is absurd because it fails to provide any real safety for most gun owners.
The Gun Owners of America, a prominent gun rights organization with over 1 million members nationwide, is among the groups that the ruling prevents from being subjected to the rule’s enforcement.
In addition to the aforementioned legal action, there are two other lawsuits that are challenging the background check regulation. One of these lawsuits is being led by Arkansas and Kansas, with support from 19 other states. The second lawsuit is originating from Florida.
Texas Attorney General Ken Paxton (R) proudly announced that the state has obtained an injunction against Biden’s illegal ATF rule, which aimed to make private gun sales a criminal offense. “Biden’s unconstitutional rule has no power in Texas, and we will not let it infringe on our Second Amendment rights,” stated Paxton in a recent press release. With this victory, Texas continues to stand firm in its commitment to protecting the fundamental liberties of its citizens.
Currently, the Bureau of Alcohol, Tobacco and Firearms (ATF) rule is still in place throughout the rest of the United States as other legal challenges are pending. It is anticipated that the federal government will appeal Judge Kacsmaryk’s decision, and the injunction will continue to be enforced until the case is ultimately resolved.
As part of his role in Texas, Kacsmaryk, who was appointed by Trump, has presided over a number of politically charged cases. His single-judge division has drawn criticism from Democrats who accuse conservatives of engaging in “judge shopping” – filing cases in the Amarillo federal courthouse to ensure that Kacsmaryk is the judge.
