Following a judge’s temporary blocking of a federal rule in four states requiring gun dealers to perform background checks on their customers, the Biden administration’s efforts to thwart the Second Amendment suffered a serious blow.
This week, U.S. District Judge Matthew Kacsmaryk issued a preliminary injunction against the regulation. According to his ruling, Texas, Louisiana, Mississippi, and Utah are not under the jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to enforce the measures.
Additionally, the injunction forbids the ATF from applying the regulation to gun rights groups like the Tennessee Firearms Association, Gun Owners of America, and others.
In his decision, the judge claimed that the Biden administration’s order went beyond the ATF’s legal jurisdiction and was unconstitutional. He pointed out that the bill is at odds with the 1968 Gun Control Act (GCA) and the Bipartisan Safer Communities Act (BSCA).
He claimed that it is unfair to penalize individuals who sporadically sell their firearms at gun fairs or online in the same way as professional gun dealers.
When used in reference to a gun dealer, the term “involved in the business” refers to an individual who invests time, energy, and work into dealing in firearms on a regular basis in order to primarily make money through the recurrent acquisition and sale of firearms.
Additionally, Kacsmaryk said that the law violates the due process concept because it effectively shifts the burden of proof from the government to the gun buyers, who must now establish their innocence.
“There are at least two serious issues with the presumptions. Firstly, the statute reverses itself, requiring gun owners to prove their innocence instead of the state proving their guilt.
Last but not least, the judge emphasized that the rule arbitrarily targets the safe harbor protections outlined in Section 921(a)(21)C of the BSCA, which shields people who occasionally sell guns for hobby or personal collections.
He wrote that there is “no indication in the statute wording that the term ‘personal collection’ does not include firearms gathered principally for personal protection.”
In their complaint against the Biden administration, the plaintiffs “understandably fear that these presumptions would trigger civil or criminal consequences for conduct considered lawful just yesterday,” the judge said.
The action “got an injunction against Biden’s unlawful ATF rule that would prohibit the private sale of guns,” said Texas Attorney General Ken Paxton, who praised the decision.
He then said, “I’m glad to fight for our Second Amendment rights and win.”
For the remainder of the nation, the Biden administration order is still in force, notwithstanding more court challenges. The White House will likely appeal Kacsmaryk’s decision, but the injunction will remain in effect until the court renders a decision.
Author:Â Blake Ambrose
