Federal Judge blocks Biden's expanded background check rule

 May 21, 2024

A federal judge has blocked President Joe Biden's expanded requirements for background checks when selling a firearm.

Federal Judge Matthew Kacsmaryk's decision will block the ATF from implementing the rule in Texas, which has big implications for the rule's standing nationally.

Texas Attorney General Ken Paxton (R) responded to the ruling with a statement saying, "I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect."

The rule was designed to close the so-called “gun show loophole” for firearms dealers. It requires that all people who sell firearms for a profit be licensed and require background checks of buyers.

2nd Amendment Victory

This is a big win for Paxton who has been one of the most prolific opponents of the Biden administration's totalitarian edicts. His work has earned him considerable accolades and he may have a future in a hypothetical Trump administration.

Judge Kacsmaryk's ruling found that the Biden administration's rule was unjustly aimed at Americans who buy and sell firearms for their “personal collection."

The rule was also inadequate in its protection of gun owners according to Kacsmaryk.

He explained in his ruling that "The absurdity that the statute’s safe harbor provision provides no safe harbor at all for the majority of gun owners."

Joined by 19 states

The rule is also being challenged by Arkansas and Kansas who have been joined by 19 other states. As long as these cases are seen by conservative judges who believe in "shall not be infringed," the Biden administration's rule stands no chance.

While this is a massive win for conservatives, the fight is far from over as the Biden administration has made it clear that they will do everything in their power to infringe on the 2nd Amendment.

Kacsmaryk's ruling was far from game over as the fight will continue in Louisiana, Mississippi, and Utah as he found that they did not have standing in this case.

However, with Kacsmaryk's ruling, the tide is against the Biden administration. Should the rule eventually make it to the Supreme Court, it's highly likely that the conservative justices would strike down the rule nationally.

Looking Ahead

With former President Donald Trump leading in the polls with November's election, the prospect of a power exchange in Washington D.C. is becoming increasingly likely.

If Trump wins in November, his administration will dismantle Biden's gun control measures from the top down.

If Biden wins in November, Americans will spend the next four years fighting a tough battle to protect the 2nd Amendment.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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