Saturday, May 25, 2024

Federal Judge Rules Against Biden’s Expansion of Gun Background Checks; Federal Judge Blocks Biden Administration Rule Requiring Dealers at Gun Shows to Ensure that Buyers are Not Legally Prohibited from Having Firearms

AP Photo/Lynne Sladky
Federal judge rules against Biden’s expansion of gun background checks:
President Biden‘s attempt to expand the universe of gun sales subject to background checks likely violates federal law, a federal judge ruled Sunday.
Judge Matthew J. Kacsmaryk said Mr. Biden‘s team stretched the definition of those “engaged in the business” of firearms beyond its breaking point in an attempt to force more gun transactions to face the scrutiny of a background check.
The judge said two-thirds of gun owners maintain their weapons for self-defense or protection and they could end up being snared by the regulation if they were to trade or sell a weapon.
“They cannot dispose of firearms from their personal collections for fear of being presumed ‘engaged in the business,’” the judge wrote.
He issued a temporary restraining order blocking the policy for residents of Texas and members of some major gun-rights groups, including Gun Owners of America and the Virginia Civil Defense League. In practice, that could hinder enforcement of the entire policy since the Bureau of Alcohol, Tobacco, Firearms and Explosives would struggle to figure out if someone is covered by the judge’s order.
Texas Attorney General Ken Paxton, who led the challenge, said the judge’s ruling will “prevent this illegal rule from taking effect.”
“The Biden administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment,” he said.
The ATF declined to comment.
Judge Kacsmaryk‘s ruling comes just as the new rule was to take effect.
It’s part of a broad gun-control push by Mr. Biden and his team. It was intended to close what gun control advocates call the “gun show loophole” in background checks. Those purchasing weapons from a licensed dealer must undergo a background check before taking possession of the gun, but nondealers can sell — often at booths at gun shows or through classified ads — without needing to perform the background check. --->READ MORE HERE (or HERE)
Eli Hartman—Odessa American/AP
Federal judge blocks Biden administration rule requiring dealers at gun shows to ensure that buyers are not legally prohibited from having firearms:
A federal judge has blocked the Biden administration from enforcing a new rule in Texas that would require firearms dealers to run background checks on buyers at gun shows or other places outside brick-and-mortar stores.
The decision by U.S. District Judge Matthew Kacsmaryk, an appointee of former President Donald Trump, came before the rule had been set to take effect Monday. The order also prevents the federal government from enforcing the rule against several gun-rights groups, including Gun Owners of America. It does not apply to Louisiana, Mississippi and Utah, which were also part of the lawsuit.
“Plaintiffs understandably fear that these presumptions will trigger civil or criminal penalties for conduct deemed lawful just yesterday,” Kacsmaryk said in his ruling.
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives declined to comment. The Justice Department didn’t immediately respond to a request for comment.
Twenty-six Republican attorneys general filed lawsuits in federal court in Arkansas, Florida and Texas aiming to block enforcement of the rule earlier this month. The plaintiffs argued that the rule violates the Second Amendment of the U.S. Constitution and that President Joe Biden, a Democrat, doesn’t have the authority to implement it.
The new requirement is the Biden administration’s latest effort to curtail gun violence and aims to close a loophole that has allowed unlicensed dealers to sell tens of thousands of guns every year without checking that the potential buyer is not legally prohibited from having a firearm.
Kacsmaryk wrote that the rule sets presumptions about when a person intends to make a profit and whether a seller is “engaged in the business.” He said this is “highly problematic” for multiple reasons, including that it forces the firearm seller to prove innocence rather than the government to prove guilt. --->READ MORE HERE
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