Federal Judge Temporarily Halts Biden Administration’s Stricter Firearm Background Check Rule
A federal judge in Texas has temporarily halted the enforcement of a Biden administration rule mandating tighter background check requirements for firearms.
US District Judge Matthew Kacsmaryk, based in Amarillo, issued the order, specifying that the rule will remain on hold until June 2. After this date, the rule will no longer apply to Texans and members of gun rights groups such as Gun Owners of America (GOA).
The rule that was implemented by the Department of Justice (DOJ) earlier this year broadened the definition of a person who is “engaged in the business” of firearms to require background checks for firearm transactions outside of gun stores, such as on social media or at gun shows. This would have applied to over 23,000 unlicensed dealers and tens of thousands of gun sales annually, according to a report by Reuters.
In his ruling, Judge Kacsmaryk explained that the new regulations contradict the language of the 2022 Bipartisan Safer Communities Act, which expanded the category of gun sellers required to obtain licenses.
Judge Kacsmaryk also criticized the rule for failing to exempt individuals who buy or sell guns for personal protection from the licensing requirement. “The statute’s safe harbor provision provides no safe harbor at all for the majority of gun owners,” the judge explained.
Following the order, Texas Attorney General Ken Paxton applauded the judge’s decision. “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.
The Biden administration’s intention in implementing this new rule was to close the so-called “gun show loophole,” referring to individuals who purchase a firearm outside of traditional stores. However, firearm purchases at places like gun shows are not exempt from performing background checks, and licensed gun dealers are legally required to conduct a background check prior to selling a fiream.
