On Wednesday, a federal judge in Texas expanded a prior temporary ruling to impact Texas, Louisiana, Utah, and Mississippi by blocking the Biden administration’s attempt to close the so-called gun show loophole.
Last month, Judge Matthew Kacsmaryk handed down a ruling that prevented the implementation of the requirement to conduct background checks prior to purchasing a firearm in Texas. In a recent development, his final decision on Wednesday has extended this injunction to three other states.
As of May 20, the Biden administration implemented a new regulation that has been the subject of controversy. The plaintiffs have voiced their concern, claiming that it violates the rights of gun owners and oversteps the authority of the federal government.
Plaintiffs were in agreement with Kacsmaryk’s ruling, stating that the rule essentially puts the burden on firearms owners to prove their innocence rather than requiring the government to prove guilt. This could result in penalties for behavior that was considered lawful just the day before.
Furthermore, he discovered that the language incorporated to safeguard gun owners from legal action was insufficient.
The judge remarked that the provision in the statute’s safe harbor offers no safe passage for the majority of gun owners, which is quite absurd.
The Gun Owners of America, a gun rights organization with over 1 million members across the country, is among the groups that will benefit from the ruling. The ruling effectively prevents the enforcement of the rule for these organizations.
There are two additional lawsuits that have contested the background check regulation. The first one is spearheaded by Arkansas and Kansas, with the support of 19 other states. The second lawsuit comes from Florida.
According to a recent statement by Texas Attorney General Ken Paxton (R), an injunction has been obtained against Biden’s unlawful ATF rule, which aimed to make the private sale of guns illegal. The statement further asserts that this unconstitutional rule will not be enforced in Texas, and Paxton expresses his pride in fighting and winning for the Second Amendment rights.
Currently, the ATF rule stands in the rest of the country as legal challenges continue. Judge Kacsmaryk’s decision has placed an injunction on the rule, which will remain in effect until a final ruling on the case is made. It is anticipated that the federal government will appeal the decision.
As part of his role in Texas, Kacsmaryk, who was appointed by Trump, has presided over multiple politically contentious cases. There has been criticism from Democrats regarding the practice of “judge shopping,” where conservatives file cases in the federal courthouse in Amarillo with the intention of having Kacsmaryk as the judge.
We have contacted the ATF to provide their response regarding the matter at hand.
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