Biden Admin Blocked from Enforcing New Background Check Rule

( – A federal court in Texas just blocked the enforcement of a new Biden administration rule that would require gun dealers who buy and sell firearms online or at gun shows to run standard background checks like a regular store.

U.S. District Judge Matthew Kacsmaryk, appointed by former President Donald Trump in 2019, made the call on Sunday, May 19th. The ruling to temporarily halt the law’s enforcement in the Lone Star State came just a day before it was scheduled to take effect, on Monday, May 20th.

The new rule from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) requires firearms dealers at gun shows, online, or in other venues outside a brick-and-mortar business to conduct mandatory background checks all the same.

The ruling by Kacsmaryk came in response to a lawsuit from four red states, including Texas, and gun rights advocates groups which challenged the new policy finalized in April by the Biden administration in an attempt to close what Democrats view as a loophole around gun control by purchasing firearms at shows or privately online. The rule would impact around 23,000 unlicensed sellers who go to gun shows, sell online, or deal elsewhere.

Kacsmaryk sided with the plaintiffs and determined the rule’s provisions contradicted another piece of legislation from 2022 called the Bipartisan Safer Communities Act. The judge said citizens purchasing or selling guns for personal protection should be exempt from licensing requirements the same way as those who buy and sell for a personal collection.

Although he temporarily blocked the rule’s enforcement in Texas, Kacsmaryk found no standing to do the same in Mississippi, Utah, and Louisiana, which are also part of the lawsuit. The current block in Texas will last until June 2nd, pending further litigation.

Texas Attorney General Ken Paxton praised the ruling and said he was “relieved” Republicans managed to “secure a restraining order” on the ATF in Texas to stop what he called an “illegal rule”.

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