A Texas judge has just put the brakes on a Biden administration rule aimed at tightening background checks at gun shows.
The rule, which was supposed to kick in next Monday, sought to clamp down on what’s known as the “gun show loophole.”
The Gun Show Loophole Explained
This loophole has allowed unlicensed dealers to sell thousands of guns annually without running background checks.
The new rule was set to change that, aiming to significantly reduce unchecked gun sales.
A Temporary Block in Texas
U.S. District Judge Matthew Kacsmaryk, stationed in Amarillo, made a temporary decision to halt the rule’s enforcement in Texas.
The halt also affects members of several gun rights groups, including the two-million-strong Gun Owners of America.
Nationwide Legal Challenges Arise
Earlier in the month, a coalition of 26 Republican attorneys general took a stand by filing lawsuits against the ATF’s new rule.
They argue that the new background check requirements overstep legal boundaries set for federal agencies.
Texas AG Steps In
In reaction to the ruling, Texas Attorney General Ken Paxton stated, “I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect.”
He emphasized the protection of constitutional rights, including the Second Amendment.
Mixed Results Across States
Although the rule was halted in Texas, Judge Kacsmaryk did not apply the same restriction in Louisiana, Mississippi, and Utah.
He pointed out that these states failed to prove they had the standing needed to file such a challenge.
Judge’s Reasoning Against the Rule
Appointed by former President Donald Trump, Judge Kacsmaryk noted that the rule conflicts with the 2022 Bipartisan Safer Communities Act.
This Act already modified the licensing requirements for gun sellers, thus creating a regulatory contradiction.
Dispute Over Rule’s Exemptions
The rule also faced criticism for not including those who buy or sell guns mainly for personal protection in its exemptions, which are meant for collectors.
Judge Kacsmaryk highlighted this as “the absurdity that the statute’s safe harbor provision provides no safe harbor at all for the majority of gun owners.”
Administration’s Confidence Despite Setbacks
Despite the temporary setback, Biden’s team remains confident that the rule will endure through legal challenges.
This optimism reflects their commitment to implementing stricter gun control as a measure to reduce gun violence across the country.
Advocates Rally Behind the Rule
Gun control advocates are not backing down.
Kris Brown, president of the Brady group, emphasized the urgency of closing these loopholes, stating, “If we don’t update our national system… there is no telling how many more Americans we will lose to gun violence.”
Biden’s Broader Gun Control Mission
Amidst a wave of mass shootings, President Biden has prioritized curbing gun violence.
His stance has met with considerable resistance from Republicans advocating for fewer gun restrictions.
A Divisive Issue Heading to Elections
As the 2024 election approaches, gun control remains a polarizing topic.
This issue is likely to ignite fervent debates between Democrats and Republicans, shaping a critical narrative for voters.
