Federal Judge Blocks Biden Rule Expanding Gun Background Checks in Texas

[Social Media]

 

In a significant judicial decision on Sunday, a federal judge in Texas blocked a Biden administration rule aimed at expanding background checks for firearm sales. Judge Matthew Kacsmaryk issued an injunction against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), preventing the enforcement of this rule within Texas. However, he found that the states of Louisiana, Mississippi, and Utah lacked standing in the case.

 

The contested rule was set to take effect on Monday and sought to close the so-called "gun show loophole." It mandated that all individuals selling firearms for profit must be licensed and conduct background checks on buyers. This move was intended to enhance public safety by ensuring that all gun transactions, especially those occurring at gun shows and online, would be subject to the same regulatory scrutiny as those conducted by licensed dealers.

 

Texas Attorney General Ken Paxton, a Republican, expressed relief at the ruling. "I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect," Paxton stated, highlighting the ongoing debate over federal versus state control of gun regulations.

 

The plaintiffs in the case argued that the rule violated the 2022 Bipartisan Safer Communities Act, which delineates categories of gun sellers, and infringed upon the Second Amendment. While Judge Kacsmaryk did not address the constitutional claims, he concurred that the rule breached the law. He noted that the rule could unjustly affect those who buy and sell firearms for their personal collections, suggesting that the language meant to protect such gun owners was inadequate.

 

"The absurdity that the statute’s safe harbor provision provides no safe harbor at all for the majority of gun owners," Kacsmaryk wrote, critiquing the legislation's effectiveness in safeguarding individual gun owners.

The judge’s order also extends to various gun rights organizations, including the Gun Owners of America, which boasts more than a million members nationwide. This ruling represents a significant victory for these groups, who have consistently opposed expanded background check measures.

 

Additionally, this ruling is not the only legal challenge facing the background check rule. Two other lawsuits have been filed: one led by Arkansas and Kansas, joined by 19 other states, and another from Florida. These cases reflect widespread opposition among certain states and gun rights advocates to federal regulations perceived as overreach.

 

Judge Kacsmaryk, appointed by former President Donald Trump, has presided over several politically contentious cases as part of his single-judge division in Amarillo, Texas. His rulings have often sparked controversy, particularly among Democrats who have accused conservatives of "judge shopping"—filing cases in specific courts to secure favorable judges like Kacsmaryk.

 

This decision marks a critical juncture in the ongoing battle over gun control in the United States. The Biden administration's efforts to tighten firearm regulations are likely to face continued resistance in the courts, particularly in states with strong pro-gun constituencies. 

 

Credit: The Hill 2024-05-25

 

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[Tug]

The vast majority of Americans want stricter gun control laws this is going to cost them in the long run I suspect 

[RobU]

One day some nutter(s) will go to one of these gun shows, buy assault rifles, ammunition and other heavy weapons then proceed to use them on the visitors and stallholders at the show. I am surprised it hasn't happened already. 

[charleskerins]

Federal idiot     Texas   where the cops are cowards and the Governor is  a  hypocrite.

 

   UVALDE

[spidermike007]

This represents total insanity, most people want stricter background checks, most normal, sane gun owners have no issue with this as they have nothing to hide. There's nothing but upside when it comes to stronger background checks, and resisting it is simply bad politics. 

[newnative]

Pathetic.  

[riclag]

9 hours ago, RobU said:

One day some nutter(s) will go to one of these gun shows, buy assault rifles, ammunition and other heavy weapons then proceed to use them on the visitors and stallholders at the show. I am surprised it hasn't happened already. 

Lets hope the nutters & criminals on the left that disregard  Gun   laws & laws in general , dont make your point come to fruition .

If nutters want shock & awe it’s usually 

events with very large crowds!

[placeholder]

This ruling is just another example of judge shopping. This same judge was the one who issued a blanket suspension on the use of mifepristone. Not even a panel from the far right fifth circuit - which repeatedly issues ruling in defiance of the current Supreme Court - entirely supported him. The Supreme Court ultimately issued a blanket stay on his ruling. In short, Kacsmaryk is a right wing loon.

[RobU]

11 minutes ago, riclag said:

Lets hope the nutters & criminals on the left that disregard  Gun   laws & laws in general , dont make your point come to fruition .

If nutters want shock & awe it’s usually 

events with very large crowds!

Left nutter, right nutter, centre nutter, no nutter. All the same to me. USA the country that sends its children to school to die on a regular basis

[riclag]

57 minutes ago, RobU said:

Left nutter, right nutter, centre nutter, no nutter. All the same to me. USA the country that sends its children to school to die on a regular basis

Your opinion!

but I prefer to put the mental trigger pullers in jail or in a institution locked up.Laws are followed by the law abiding! Millions upon millions of Gun owners aren’t to blame and should not be punished for what criminals & mentally disturbed individuals do!

Sick people realize where the soft targets are . The More & more sick society gets the more it has to protect

children & “(future children, abortions)” from all manner of deviants , the left are ignorant or to stubborn to accept this. 

Police  in schools with guns would be a good idea.A deterrent .Children are more valuable then money in a bank.

 

methinks

Edited May 25 by riclag

[Taboo2]

12 hours ago, Tug said:

The vast majority of Americans want stricter gun control laws this is going to cost them in the long run I suspect 

No we don't.  The majority of Americans want the Government to leave their guns alone.  Guns are part of our culture...forever!

[placeholder]

10 minutes ago, Taboo2 said:

No we don't.  The majority of Americans want the Government to leave their guns alone.  Guns are part of our culture...forever!

You got evidence to support that. Because here's some that says your wrong:

Fox News poll finds voters overwhelmingly want restrictions on guns...

87% of voters surveyed said they support requiring criminal background checks for all gun buyers.

77% support requiring a 30-day waiting period for all gun purchases.

https://www.axios.com/2023/04/28/fox-news-poll-voters-want-gun-control

 

Here's some more:

 

https://www.pewresearch.org/short-reads/2023/09/13/key-facts-about-americans-and-guns/

 

Even more:

https://news.gallup.com/poll/1645/guns.aspx

 

 

[sherwood]

Guns, nothing wrong with them.

If someone goes stupid with a gun it should be instant dismissal for the user and no questions asked.

Maybe gun owners would think twice about their actions.

[thaibeachlovers]

Another loss for Biden and his IMO plan to deprive the general population of guns.

Keep losing Biden, all the way to November.

[thaibeachlovers]

On 5/25/2024 at 7:08 PM, spidermike007 said:

This represents total insanity, most people want stricter background checks, most normal, sane gun owners have no issue with this as they have nothing to hide. There's nothing but upside when it comes to stronger background checks, and resisting it is simply bad politics. 

Perhaps you don't know this, but bad people have zero problem getting all the guns they want in the US. Restrictive gun laws only affect the law abiding.

[herfiehandbag]

It rather looks as if the " Walt" (Walter Mitty) in the OP photograph should undergo enhanced background checks before being allowed into McDonalds, let alone a gun show!