Final hours! Save up to 55% OFF InvestingProCLAIM SALE

US judge blocks Biden-backed rule expanding gun background checks

Published 05/19/2024, 11:09 PM
Updated 05/20/2024, 04:52 AM
© Reuters. U.S. President Joe Biden speaks at a Detroit Branch NAACP annual Fight for Freedom Fund Dinner in Detroit, Michigan, U.S., May 19, 2024. REUTERS/Elizabeth Frantz

()

By Nate Raymond

(Reuters) - A federal judge on Sunday blocked the Biden administration from fully implementing a new rule that would require gun dealers to obtain licenses and conduct background checks when selling firearms at gun shows and online.

U.S. District Judge Matthew Kacsmaryk in Amarillo temporarily restrained the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule from being enforced in Republican-led Texas or against members of several gun rights groups.

"I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” Texas Attorney General Paxton, a Republican, said in a statement.

The U.S. Department of Justice, which is defending the rule in court, did not respond to a request for comment.

Kacsmaryk, an appointee of Republican former President Donald Trump, issued his ruling ahead of the rule taking effect on Monday in response to a lawsuit by Texas, gun rights advocates, and three other Republican-led states.

The lawsuit challenged a rule finalized last month that Democratic President Joe Biden's administration said would affect more than 23,000 unlicensed dealers and tens of thousands of gun sales annually by closing the "gun show loophole."

Under the rule, those selling weapons at gun shows, other venues and over the internet are subject to the same requirements as gun stores to check the backgrounds of potential buyers.

Kacsmaryk in his ruling agreed with the plaintiffs that the rule's provisions contradicted the text of the Bipartisan Safer Communities Act, a 2022 law that broadened the category of gun sellers required to obtain licenses.

He faulted the rule for not allowing people who buy or sell firearms for personal protection from being considered eligible for a statutory exemption to the licensing requirement for people who buy or sell guns for a "personal collection."

Kacsmaryk said that resulted in "the absurdity that the statute's safe harbor provision provides no safe harbor at all for the majority of gun owners."

Gun rights groups whose members are covered by Kacsmaryk's order include the Gun Owners of America, which boasts 2 million members.

The judge, though, found Louisiana, Mississippi, and Utah failed to establish they had standing to challenge the rule and he declined to block its enforcement in their jurisdictions. His order remains in effect until June 2 pending further litigation.

© Reuters. U.S. President Joe Biden speaks at a Detroit Branch NAACP annual Fight for Freedom Fund Dinner in Detroit, Michigan, U.S., May 19, 2024. REUTERS/Elizabeth Frantz

Kacsmaryk is the lone active judge in Amarillo, helping make his courthouse a favored venue for conservative litigants challenging federal government policies during Biden's administration.

He has ruled frequently in their favor, most prominently last year when Kacsmaryk suspended approval of the abortion pill mifepristone. The U.S. Supreme Court has allowed the pill to remain on the market while it considers the case.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.