(Patriot.Buzz) – A Texas judgе shot down Joe Biden’s attempt to encroach on our Second Amendment rights, stepping in to halt an administration directive that broadened background check mandates for gun sales.
Responding to a lawsuit spearheaded by Texas, U.S. District Judgе Matthew Kacsmaryk issued a temporary block on the rule, which was set to be enforced starting today.
This rulе required all individuals selling firearms for profit to obtain a license and conduct background checks on purchasers in order to tighten the “gun show loophole.”
Texas Attorney General Ken Paxton celebrated the decision, saying, “I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” Paxton stated.
“Despite Congress having recognized the legality of private firearms sales by non-dealers, the Biden Administration issued a new regulation that would subject hundreds of thousands of law-abiding gun owners to presumptions of criminal guilt for engaging in constitutionally protected activities,” Paxton added.
Judge Kacsmaryk, appointed by former President Trump, found that the rule breached the 2022 Bipartisan Safer Communities Act.
He noted the act’s definitions of gun sellers and found the new regulation overly broad, potentially affecting individuals selling firearms from their personal collections, which was not the legislation’s intent.
“The absurdity that the statute’s safe harbor provision provides no safe harbor at all for the majority of gun owners,” Kacsmaryk wrote to pinpoint a crucial flaw in the rule’s language.
While the injunction provides temporary relief for Texas and allied gun rights groups like the Gun Owners of America, it does not extend to Louisiana, Mississippi and Utah, which were also part of the lawsuit but were not granted relief at this litigation stage.
This legal challenge is one of several against the Biden administration’s attempt to expand gun control measures.
Similar actions are underway in Arkansas and Kansas but involve multiple states, while Florida filed a separate suit.
Leading up to the ruling, Bureau of Alcohol, Tobacco and Firearms Director Steve Dettelbach previously claimed, “This final rule does not infringe on anyone’s Second Amendment rights, and it will not negatively impact the many law-abiding licensed firearms dealers in our nation. They are already playing by the rules.”
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