Texas judge partially blocks Biden’s attempt to close ‘gun-show loophole’

The Biden Administration’s attempts to broaden the definition of who is and isn’t a gun dealer ran into a Texas-sized wall this weekend, when a federal judge in the Lone Star State issued a restraining order against the president’s new firearms rules.

Late Sunday, Amarillo-based U.S. District Judge Matthew Kacsmaryk declared that portions of a Final Rule issued last month by the Attorney General Merrick Garland and which were due to take effect on Monday are at odds with the Second Amendment and cannot be enforced – at least against some people.

The partial temporary restraining order prohibits enforcement of parts of the Bipartisan Safer Communities Act, a law passed in 2022 and fast-tracked by President Joe Biden in March of 2023.

Garland announced in April that, in an effort to close the so-called gun-show loophole, the Department of Justice would interpret that law in such a way as to redefine which gun-selling activities would require federal licensing and background checks.

Several Republican-led states and gun rights groups sued the Biden Administration to stop enforcement of the law by the Bureau of Alcohol, Tobacco, Firearms and Explosives. In his ruling, Kacsmaryk determined that Louisiana, Mississippi and Utah did not have standing to sue, but did allow an injunction sought by the Texas Attorney General Ken Paxton, Gun Owners of America, the Gun Owners Foundation, the Tennessee Firearms Association, and the Virginia Citizens Defense League to move forward.

“I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” Paxton said in a statement shared by his office. “The Biden Administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment.”

Gun rights advocates hailed the partial restraining order as a check on an overly aggressive executive branch.

“President Biden and his anti-gun administration have aggressively pursued an agenda meant to harass, intimidate, and criminalize gun owners and dealers at every turn. This ruling is a compelling rebuke of their tyrannical and unconstitutional actions that purposely misinterpreted federal law to ensure their preferred policy outcome,” Erich Pratt, a senior vice-president with Gun Owners of America, said in a statement.

According to that group, the blocked rule could have required anyone in the U.S. who sold even a single firearm in a given year to register as a firearms dealer with the federal government. The group claims the end goal of the new rule is to build a national database of firearms transactions.

“We will continue the fight to ensure that this administration never succeeds in their goal of building a comprehensive database of firearm transaction records, which this rule would have been critical to accomplishing,” Pratt said.

The ruling blocks implementation of the Final Rule until June 24 in order to allow for further hearings on the matter to take place.

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