On Wednesday, the Biden administration’s efforts to close the “gun show loophole” were thwarted by a federal judge in Texas. This decision expands a previous temporary ruling and affects four states, namely Texas, Louisiana, Utah, and Mississippi.
Last month, Judge Matthew Kacsmaryk issued a ruling prohibiting the enforcement of the requirement for background checks before purchasing a firearm in Texas. Recently, he has expanded his injunction to the other three states. As a result, the requirement to conduct a background check will not be enforced in these states as well.
On May 20, the Biden administration implemented a regulation that has been challenged by plaintiffs who claim that it violates the rights of gun owners and surpasses the federal government’s jurisdiction.
In agreement with the plaintiffs, Kacsmaryk stated that the rule effectively flips the burden of proof, making firearms owners responsible for proving their innocence rather than the government proving their guilt. This could result in civil or criminal penalties for actions that were deemed lawful just the previous day.
Upon closer examination, he discovered that the language aimed at safeguarding gun owners from legal repercussions was insufficient.
In the judge’s opinion, the safe harbor provision of the statute fails to provide any real protection for the majority of gun owners. He finds it absurd that the provision, which is meant to offer a haven, falls short in its objective.
Enforcement of the rule has been blocked for several gun rights organizations, including the Gun Owners of America, with a membership of over 1 million people across the country, as per the ruling.
There are two additional lawsuits that have contested the background check regulation. One of these is spearheaded by Arkansas and Kansas and has received support from 19 other states. The other lawsuit comes from Florida.
In a recent statement, Texas Attorney General Ken Paxton (R) announced that an injunction has been obtained against Biden’s ATF rule, which would have made the private sale of guns a criminal offense. According to Paxton, this rule is unconstitutional and will not be enforced in Texas. He further expressed his pride in successfully fighting for the protection of Second Amendment rights.
As of now, the Bureau of Alcohol, Tobacco, and Firearms (ATF) rule is still active in the rest of the country while facing other legal challenges. It is anticipated that the federal government will challenge Kacsmaryk’s decision, and the injunction will be enforced until the judge makes a final verdict on the case.
As part of his role in Texas, Kacsmaryk, who was appointed by Trump, has presided over a number of politically charged cases. Democrats have criticized the practice of “judge shopping,” where conservatives file cases in the federal courthouse in Amarillo in an attempt to have Kacsmaryk appointed as the judge.
We have contacted the ATF for their response.
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