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A federal judge has expedited the legal proceedings against a new rule by the ATF that mandates universal background checks on private firearm sales. U.S. District Court Judge Matthew J. Kacsmaryk’s decision on Friday sets the stage for a rapid review of the contentious rule, which has faced strong opposition from gun rights advocates and several states.

The rule, slated to be enforced starting May 20, 2024, would significantly expand the scope of background checks, requiring them even in private transactions that have traditionally been exempt. This includes sales by individuals not classified as being “engaged in the business” of selling firearms. According to reporting by Breitbart News, this change blurs the lines between private sellers and licensed dealers, potentially impacting millions of gun owners across the country who wish to buy or sell a firearm to or from a private seller.

Gun Owners of America (GOA), the Gun Owners Foundation and the State of Texas, along with other states (Louisiana, Mississippi and Utah) and advocacy groups (including the Tennessee Firearms Association and the Virginia Citizens Defense League), have filed a lawsuit arguing that the rule not only exceeds the regulatory powers of the ATF but also infringes on constitutional rights. The plaintiffs claim the rule would unfairly classify ordinary citizens who sell firearms as dealers, subjecting them to rigorous licensing and background checks.

Judge Kacsmaryk has ordered the ATF to respond to the motion for preliminary relief by 5 p.m. tomorrow, May 14, 2024, with the plaintiffs’ reply due by the following day by 5 p.m. as well.

Texas Attorney General Ken Paxton, a leading figure in the lawsuit, criticized the Biden administration’s approach.

“Joe Biden is weaponizing the federal bureaucracy to rip up the Constitution and destroy our citizens’ Second Amendment rights,” Paxton said.

Erich Pratt, Senior Vice President of GOA, expressed his organization’s determination to oppose what he described as overreaching regulations that threaten gun owners.

“Criminalizing untold numbers of Americans for simply selling a firearm in a private party transaction is wrong, unconstitutional and must be halted by the courts,” Pratt said.

This lawsuit marks the second major legal challenge by GOA against policies stemming from recent federal gun control efforts, including those initiated by the legislation brokered by Senator John Cornyn in 2022.

The case, titled State of Texas v. Bureau of Alcohol, Tobacco, Firearms and Explosives, continues in the United States District Court for the Northern District of Texas Amarillo Division.

 

 

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13 COMMENTS

  1. That is some *serious* good news.

    Is the court that did that the 5th circuit?

    And, if an order is issued, will that be national in scope?

    • .Gov wants to make all of us criminals. Am I suggesting going underground? You make the choice🙄 In ILLannoy criminals are treated better than the law abiding.

      • Underground?
        Bags of buffalo shit and water traps no longer work.
        Big Brother is Watching no matter where you go or what you do.
        The ‘convenience’ of technology.
        Suck it up.

      • “In ILLannoy criminals are treated better than the law abiding.”

        Illegal aliens get complimentary flights across the country. And free food, housing, healthcare, and of course phones. (All of which increases inflation!) Gotta have phones! A select few people are making a fortune from this. Where are the free healthcare Democrats? They’re busy begging to send more billions abroad to fund global conflict.

  2. SUPREME COURT JUSTICE ISSUES MAJOR WARNING ABOUT OUR BILL OF RIGHTS.

    Justice Samuel Alito, Supreme Court justice, raised red flags about dangers to our First Amendment free speech rights. Mark Smith Four Boxes Diner discusses what these means for your 2nd Amendment right to bear arms.

  3. Court STRIKES DOWN BIG GUN LAW! Who are “the people” in 2a? 9th Circuit Court in USA v Duarte?

  4. Washington State Bizarro World – What About Bob? And What Just Happened with the Washington Governor’s Race?

  5. All constitutional questions should be fast tracked. In addition, all persons who enabled the law and signed it should be personally accountable for damages when they generate unconstitutional laws.

  6. If you live in a state without gun registration, how would the government even know you bought/sold a firearm in a private sale???

    • Chuck I suspect you already know the answer but just in case – there are so many ways that .gov is spying on us er um monitoring our daily activities (for our own good of course) that they will catch ya, sooner or later. I won’t even get into how they sneak around with ‘undercover’ stings among other shady tactics.

  7. Unfortunately, the states of Louisiana, Mississippi, and Utah failed to demonstrate harm, so they were not granted standing, which means they (and their citizens) are not included in the injunction.

    The injunction only applies to the state (and citizens) of Texas, Jeffery Tormey (“Tormey”), and the members of: the Gun Owners of America, Inc. (“GOA”), the Gun Owners Foundation (“GOF”), the Tennessee Firearms Association (“TFA”), and the Virginia Citizens Defense League (“VCDL”).

    It stands in effect through June 2, 2024.

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