Federal Judge Makes Decision On Biden Admin Rule
A federal judge has put a halt to a Biden administration rule that would have expanded background check requirements for individuals selling guns. U.S. District Court Judge Matthew Kacsmaryk granted an injunction to Texas and several gun rights groups, preventing the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) from implementing the rule in Texas. The ruling, which was made on Monday, February 22, stated that the four states involved in the lawsuit did not have standing, but the gun rights groups represented did.
The Four states involved in the lawsuit were Texas, Louisiana, Mississippi, and Utah. The lawsuit was filed in response to the ATF's proposed rule, which was set to take effect on Monday. The rule would have required anyone selling a gun to be licensed and conduct the same background checks as licensed gun stores. The gun rights groups, including the Gun Owners of America and the Gun Owners Foundation, argued that the rule violated the Second Amendment and the 2022 Bipartisan Safer Communities Act.
The ruling by Judge Kacsmaryk did not address the Second Amendment claim, but instead focused on the incompatibilities between the ATF's proposed rule and the law it was intended to enforce. In his ruling, Kacsmaryk stated that the presumptions upon which the final rule was based were "highly problematic." He said the rule would require firearm owners to prove their innocence, rather than the government proving their guilt. This, he argued, was a violation of their constitutional rights.
The ATF saying "just trust us" is akin to those scary words "I'm from the government and I'm here to help."
We don't trust you. We don't want your help. We want you to stay in your lane and respect the Constitution! https://t.co/6JOHCLtvSS
— Erich Pratt (@erichmpratt) May 20, 2024
The ruling also addressed the conflicts between the rule and the safe harbor provision in the 2022 Bipartisan Safer Communities Act. The safe harbor provision protects individuals who are not licensed gun dealers from being subject to the same regulations as licensed dealers. This provision was meant to provide legal protection to law-abiding gun owners, but the ATF's rule would have undermined this protection.
According to the ruling, the ATF's rule would have unfairly targeted individuals who buy and sell guns for their personal collection. This could have resulted in civil or criminal penalties for individuals who were engaging in constitutionally protected activities. The ruling stated that the ATF's argument that their "subject-matter expertise" would prevent abuse or misuse of the rule was not enough, and that it could not be trusted to protect individuals' constitutional rights.
The ruling also noted the absurdity of the fact that the safe harbor provision in the 2022 Bipartisan Safer Communities Act would have provided no actual protection for the majority of gun owners. This, according to the judge, showed that the ATF's rule was arbitrary and capricious. The ruling also stated that the Biden administration cannot unilaterally overturn Americans' constitutional rights and nullify the Second Amendment.
Texas Attorney General Ken Paxton praised the ruling in a news release on his website. He stated that the Final Rule was arbitrary and capricious and flagrantly violated the Second Amendment. He also pointed out that the rule would have subjected hundreds of thousands of law-abiding gun owners to presumptions of criminal guilt for engaging in constitutionally protected activities. Paxton expressed his relief that the restraining order would prevent this illegal rule from taking effect.
The ruling has put the ATF's rule in limbo until a hearing on June 2. In the meantime, the ATF will not be able to implement the rule in Texas, Louisiana, Mississippi, or Utah. This is seen as a victory for gun rights groups, who have been pushing back against the proposed rule since it was announced. The ruling has also sparked a larger discussion about the limits of the government's power in regulating gun sales and the importance of protecting individuals' constitutional rights.