Judge Blocks Biden-Backed Gun Background Check Rule

(UnitedHeadlines.com) – On May 19, U.S. District Judge Matthew Kacsmaryk temporarily blocked the Biden administration’s new rule expanding background checks from being enforced in Texas or against members of some gun rights groups.

The national rule, which went into effect May 20 in every state except Texas, requires firearms dealers to obtain licenses and perform background checks when selling guns online and at gun shows.

In his ruling, Kacsmaryk sided with the plaintiffs, who said provisions of the new rule violated the 2022 Bipartisan Safer Communities Act, which expanded the definitions of gun sellers that must obtain licenses. In his ruling, he said the new rule does not provide gun owners who buy or sell firearms for personal protection the ability to be considered eligible for a statutory exemption required under the 2022 law. He said the safe harbor provision of the new rule does not provide a “safe harbor at all for the majority of gun owners.”

An appointee of former President Donald Trump, Kacsmaryk’s order only applies to Texas and members of the Gun Owners of America, the Tennessee Firearms Association, Gun Owners Foundation, and the Virginia Citizens Defense League, and not the other 26 Republican-led states involved in the lawsuit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives rule. The judge ruled that Utah, Louisiana, and Mississippi, failed to establish standing in Texas to challenge the rule, finalized in April.

Republican Texas Attorney General Ken Paxton stated he was “relieved” that the temporary restraining order was granted, blocking “this illegal rule from taking effect.”

Gun Owners of America senior vice president Erich Pratt stated that Biden has “aggressively pursued an agenda” that criminalizes “gun owners and dealers at every turn.”

Sam Paredes said the Gun Owners Foundation is “thrilled” with the ruling, noting that the group is ready to “continue the fight going forward.”

Kacsmaryk’s order will be in effect until June 2, pending further litigation.