On Wednesday, a federal judge in Texas has prevented the Biden administration’s efforts to shut down the “gun show loophole”. The ruling has expanded the previous temporary decision and will now affect Texas, Louisiana, Utah, and Mississippi.
Last month, Judge Matthew Kacsmaryk made a ruling that disallowed the requirement of conducting a background check before buying a firearm in Texas. Recently, he further extended this injunction to three other states.
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On May 20, the Biden administration implemented a new rule that has been challenged by plaintiffs who claim that it violates the rights of gun owners and exceeds the authority of the federal government.
According to Kacsmaryk, the plaintiffs were right in their argument that the rule was essentially putting the burden on firearm owners to prove their innocence instead of the government proving their guilt. This could result in penalties, both civil and criminal, for actions that were previously considered lawful.
Upon further examination, it was discovered that the language meant to provide legal protection for gun owners was insufficient, as noted by the researcher.
According to the judge, the safe harbor provision of the statute is quite absurd as it fails to provide any actual safety to the majority of gun owners.
Enforcement of the rule has been blocked for several gun rights organizations, including Gun Owners of America with over 1 million members across the country.
The background check rule has faced opposition from two additional lawsuits. One of the lawsuits is being led by Arkansas and Kansas, and has been joined by 19 other states. The second lawsuit originates from Florida.
According to a statement by Texas Attorney General Ken Paxton (R), Texas has obtained an injunction against Biden’s unlawful ATF rule that would make it illegal to privately sell firearms. Paxton stated that Biden’s unconstitutional rule cannot be enforced in Texas and that he is pleased to have fought and won for the Second Amendment rights of Texans.
The rest of the country is currently abiding by the Bureau of Alcohol, Tobacco, and Firearms (ATF) rule, while legal challenges are pending. However, in light of Judge Kacsmaryk’s decision, the federal government is anticipated to appeal, and the injunction will remain in place until the judge reaches a final ruling on the matter.
As head of a single-judge division in Texas, Kacsmaryk, who was appointed by Trump, has presided over numerous politically contentious cases. Criticism has been levied by Democrats who accuse conservatives of “judge shopping” in order to have their cases heard by Kacsmaryk at the federal courthouse in Amarillo.
