On Sunday, a federal judge halted the Biden administration‘s new rule that would require gun dealers to obtain licenses and conduct background checks when selling firearms at gun shows and online.
U.S. District Judge Matthew Kacsmaryk in Amarillo issued a temporary restraining order preventing the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing the rule in Texas and against members of several gun rights groups.
“I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” stated Texas Attorney General Paxton, a Republican.
The U.S. Department of Justice, defending the rule in court, did not comment.
Kacsmaryk, appointed by former President Donald Trump, made his ruling before the rule was to take effect on Monday.
The lawsuit, filed by Texas, gun rights advocates, and three other Republican-led states, challenged the rule finalized last month by President Joe Biden’s administration.
This rule aimed to close the “gun show loophole” by affecting over 23,000 unlicensed dealers and tens of thousands of gun sales annually.
The rule required those selling weapons at gun shows, other venues, and online to meet the same requirements as gun stores, including background checks for potential buyers.
Kacsmaryk agreed with the plaintiffs that the rule contradicted the Bipartisan Safer Communities Act of 2022, which broadened the category of gun sellers required to obtain licenses.
He criticized the rule for not allowing exemptions for people buying or selling firearms for personal protection, which should be covered under the “personal collection” statutory exemption.
Kacsmaryk argued that this oversight created an “absurdity” where the statute’s safe harbor provision provided no protection for most gun owners.
Gun rights groups covered by Kacsmaryk’s order include the Gun Owners of America, with 2 million members.
However, the judge found that Louisiana, Mississippi, and Utah did not establish standing to challenge the rule and declined to block its enforcement in their jurisdictions. His order is effective until June 2 pending further litigation.
Kacsmaryk, the only active judge in Amarillo, has become a preferred venue for conservative litigants challenging federal policies during Biden’s administration.
He has frequently ruled in their favor, most notably suspending the approval of the abortion pill mifepristone last year, a decision currently under review by the U.S. Supreme Court.