Federal Judge BLOCKS Biden For ‘Abuse Of Power’

OPINION:  This article contains commentary which may reflect the author’s opinion

A federal judge has stepped in to stop the Biden administration from implementing a Texas gun sale law that mandates background checks for buyers at gun shows and other events, as well as for dealers of firearms doing business elsewhere.

A decision was rendered by former President Donald Trump’s appointee, U.S. District Judge Matthew Kacsmaryk, shortly before a new rule was scheduled to go into effect on Monday. The federal government is prohibited by his order from implementing the rule against various gun-rights organizations, such as Gun Owners of America. However, Utah, Louisiana, and Mississippi—all parties to the lawsuit—are not covered by the verdict.

“Plaintiffs understandably fear that these presumptions will trigger civil or criminal penalties for conduct deemed lawful just yesterday,” Kacsmaryk wrote in his decision.

In an effort to stop the implementation of a new regulation, 26 Republican attorneys general filed lawsuits earlier this month in federal courts located in Texas, Florida, and Arkansas. The plaintiffs contend that President Joe Biden is not authorized to enforce the order and that it violates the Second Amendment of the United States Constitution.

Additionally, the Associated Press stated:

The new requirement is the Biden administration’s latest effort to curtail gun violence and aims to close a loophole that has allowed unlicensed dealers to sell tens of thousands of guns every year without checking that the potential buyer is not legally prohibited from having a firearm.

Kacsmaryk wrote that the rule sets presumptions about when a person intends to make a profit and whether a seller is “engaged in the business.” He said this is “highly problematic” for multiple reasons, including that it forces the firearm seller to prove innocence rather than the government to prove guilt.

“This ruling is a compelling rebuke of their tyrannical and unconstitutional actions that purposely misinterpreted federal law to ensure their preferred policy outcome,” Gun Owners of America senior vice president Erich Pratt noted in a Monday statement following the ruling.

A new rule proposed by Biden administration officials in August garnered more than 380,000 public comments. President Biden signed the most comprehensive gun violence prevention law in decades in 2022, which preceded this. The devastating Uvalde Elementary School shooting, which happened two years ago this week and claimed the lives of 19 children and two teachers, led to a bipartisan agreement that produced the legislation, according to the AP.

The rule expands the definition of those deemed to be “engaged in the business” of selling firearms, which is a change from the 2022 statute. Those that fit into this revised category need to apply for an ATF license and investigate the backgrounds of potential buyers.“This is going to keep guns out of the hands of domestic abusers and felons,” Biden said in a statement last month. “And my administration is going to continue to do everything we possibly can to save lives. Congress needs to finish the job and pass universal background checks legislation now.”

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) was advised last week to “back away” from its attempts to categorize AR-15 “pistols” as firearms that should be subject to taxes and regulations by a coalition of groups that support gun rights.

Advocates wrote in a court filing that they were confident they would beat the ATF in the end. According to the Washington Examiner, Executive Vice President Alan Gottlieb of the Second Amendment Foundation stated, “Our earlier victory in the case should have signaled to the government to back away from its rule.” Rather, the government is only requesting that the court uphold its earlier decision. They have filed an appeal in an attempt to preserve this arbitrary restriction.

Together with two other groups, Gottlieb’s group is opposing the ATF’s decision to reverse a ten-year policy of not regulating AR-style handguns mounted with arm braces intended to help shaky shooters and the disabled.

 

 

 

 

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