Overview
A federal judge has temporarily blocked the Biden administration from fully implementing a new regulation aimed at closing the “gun show loophole.” The regulation, finalized last month, was intended to ensure that those selling firearms at gun shows, online, and other venues follow the same licensing and background check requirements as traditional gun stores.
Ruling Details
The ruling, issued by US District Judge Matthew Kacsmaryk in Amarillo, Texas, prevented the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing the rule in Texas or against members of several gun rights groups.
Reaction from Texas Attorney General Paxton
Texas Attorney General Paxton, a Republican, expressed relief at securing a restraining order against the rule, stating, “I am relieved that we were able to prevent this illegal rule from taking effect.”
Lawsuit Details
The lawsuit against the April ruling by the Biden administration was filed by Texas, several gun rights groups, and three other Republican-led states.
Judge’s Criticism
The judge ruled that the new rule’s provisions contradicted the Bipartisan Safer Communities Act (BSCA), 2022. Specifically, the judge criticized the rule for not exempting individuals who buy or sell firearms for personal protection, thus failing to provide a “safe harbor” for most gun owners.
Defending the Regulation
Attorney General Merrick Garland defended the regulation during an April 10 press briefing, emphasizing that regardless of where guns are sold, if sold predominantly for profit, sellers must be licensed and conduct background checks.
Objective of the Rule
In addition to closing the gun show loophole, the new rule aims to address the fire sale loophole, where dealers can bypass background checks by liquidating stock as private individuals when closing their businesses.
Zero-Tolerance Policy
This change follows a zero-tolerance policy on lawbreaking gun dealers implemented by the Biden administration in 2021.
