In a significant win for individual liberties and gun ownership rights, Texas and several prominent gun rights organizations scored a victory on Sunday when a federal judge temporarily blocked a controversial gun control rule from the Biden administration. The shelved rule sought to regulate private firearm sales with onerous requirements.
Federal Judge Matthew Kacsmaryk ruled that the Biden administration couldn’t impose policies on Texas or members of various gun advocacy groups that mandate background checks and federal firearms licenses for individuals profiting from gun sales. This rule would have been indiscriminately applied regardless of the sale’s location or context.
In a detailed 14-page decision, Judge Kacsmaryk asserted that the rule likely breached the Administrative Procedure Act (APA) and didn’t align with the intent of the “Bipartisan Safer Communities Act” (BSCA), which the Justice Department cited in its rationale for the regulation. Consequently, the judge found it unnecessary to delve into additional arguments against the rule.
“Plaintiffs understandably fear that these presumptions will trigger civil or criminal penalties for conduct deemed lawful just yesterday,” Kacsmaryk noted. “Other Plaintiffs face both civil and criminal enforcement actions for engaging in conduct that the BSCA permits but the Final Rule impermissibly forbids.”
The ruling offers relief to Texas, Gun Owners of America, the Gun Owners Foundation, the Tennessee Firearms Association, and the Virginia Citizens Defense League. Unfortunately, states like Louisiana, Mississippi, and Utah could not demonstrate sufficient standing, leaving them unprotected by the temporary injunction.
Republicans and other defenders of the Second Amendment have criticized these regulations as infringements on constitutional rights, arguing that they could criminalize simple, lawful transactions like gun sales between family members or friends without a federal license and background check.
Texas Attorney General Ken Paxton celebrated the restraining order, stating, “I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect. The Biden Administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment.”
Gun Owners of America President Erich Pratt also praised the ruling. “President Biden and his anti-gun administration have aggressively pursued an agenda meant to harass, intimidate, and criminalize gun owners and dealers at every turn,” Pratt said. “This ruling is a compelling rebuke of their tyrannical and unconstitutional actions that purposely misinterpreted federal law to ensure their preferred policy outcome.”
While the rule is set to go into effect on Monday broadly, it remains suspended in Texas and for the associated gun rights organizations pending further litigation until June 2. This temporary victory provides a critical respite in the ongoing battle to protect citizen freedoms from federal overreach.
