Judge blocks Biden rule requiring background checks on private gun sales

Texas Attorney General Ken Paxton reported that a federal judge blocked a rule promulgated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for private gun purchases.

The decision prevents the rule from coming into effect while the case is being litigated. On May 1, Attorney General Paxton led a coalition that sued the ATF to prevent the new regulatory restriction, which would require licenses and background checks to be performed when firearms are sold at gun shows and on the Internet.

"The Final Rule was arbitrary and capricious and flagrantly violated the Second Amendment. Despite Congress having recognized the legality of private firearms sales by non-dealers, the Biden Administration issued a new regulation that would subject hundreds of thousands of law-abiding gun owners to presumptions of criminal guilt for engaging in constitutionally protected activities," Explained Prosecutor Paxton's Office.

Atf Rule Tro by Williams Perdomo

The suspension of implementation of the ATF rule will be until June 2, 2024 so that hearings can be held. "The Biden Administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment," said prosecutor Paxton.

The judge's decision indicated that Texas and the co-plaintiffs, “understandably fear that these presumptions will trigger civil or criminal penalties for conduct deemed lawful just yesterday.”

The White House announced in April that background checks would be expanded for purchasing firearms in the country. It maintained that the decision was made in an attempt to close what he described as legal loopholes around sales at fairs and on the internet.

"This action is part of the Biden-Harris Administration’s strategy to stem the flow of illegally acquired firearms into our communities and hold accountable those who supply the firearms used in crime," the White House said in a statement released on its official website.