A federal judge in Texas blocked the Biden administration’s attempt to close the so-called gun show loophole on Wednesday, expanding an earlier temporary ruling to impact Texas, Louisiana, Utah and Mississippi.
Judge Matthew Kacsmaryk ruled last month that the requirement to conduct a background check before purchasing a firearm could not go into effect in Texas. His final ruling on Wednesday expands that injunction to the other three states.
The Biden administration’s rule took effect on May 20. The plaintiffs argued that it infringed on the rights of gun owners and exceeded the authority of the federal government.
Kacsmaryk agreed with the plaintiffs, concluding that the rule was effectively “requiring firearm owners to prove innocence rather than the government proving guilt,” which could “trigger civil or criminal penalties for conduct considered legal yesterday.” .
He also found that included language intended to protect gun owners from lawsuits was inadequate.
“The absurd [is] that the safe harbor provision of the statute provides no safe harbor for most gun owners,” the judge wrote.
The ruling also blocks enforcement of the rule for a number of gun rights organizations, including Gun Owners of America, which has more than 1 million members nationwide.
Two other lawsuits also challenged the background check rule, one led by Arkansas and Kansas and joined by 19 other states, and a second by Florida.
“Texas obtained an injunction against Biden’s illegal ATF rule that would criminalize private gun sales. Biden’s unconstitutional rule cannot be enforced in Texas,” Texas Attorney General Ken Paxton (R) said in a statement. declaration. “I am proud to fight and win for our Second Amendment rights.”
The Bureau of Alcohol, Tobacco and Firearms (ATF) rule remains in effect in the rest of the country, pending further legal challenges. The federal government is expected to appeal Kacsmaryk’s decision, and the injunction is expected to remain in effect until the judge makes a final decision on the case.
Kacsmaryk, a Trump appointee, has overseen several politically controversial cases as part of his single-judge Texas division. Democrats criticized “judge shopping,” in which conservatives sued in Amarillo federal court to get Kacsmaryk as a judge.
The Hill has reached out to the ATF for comment.
This story originally appeared on thehill.com read the full story
