DALLAS — A federal judge in Texas temporarily blocked a new Biden administration rule that would require gun sellers to conduct background checks on their customers at gun shows and online following a lawsuit by Texas Attorney General Ken Paxton and other gun rights supporters. 

What You Need To Know

  • Judge Matthew J. Kacsmaryk issued a preliminary injunction on Tuesday blocking the Bureau of Alcohol, Tobacco, Firearms and Explosives from enforcing the new rule in four states and against several gun rights groups and one individual in the lawsuit

  • “This rule went beyond the authority granted to the agency by Congress and represented a flagrant violation of the Second Amendment,” a news release from Paxton’s office said

  • The rule change clarifies that anyone who sells a weapon to predominately make a profit must be federally licensed and conduct background checks, which would mean sellers outside of brick-and-mortar gun stores

  • President Joe Biden has touted the rule change saying it would close the so-called gun show loophole and help to combat gun violence

Judge Matthew J. Kacsmaryk issued a preliminary injunction on Tuesday blocking the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing the new rule in four states–Texas, Louisiana, Mississippi and Utah–and against several gun rights groups and one individual in the lawsuit. 

Back in May, Paxton was granted a temporary restraining order against the expansion of federal background checks after he spearheaded the suit. Paxton has called the new ATF rule unconstitutional and said it would “criminalize the private sale of guns.”

“This rule went beyond the authority granted to the agency by Congress and represented a flagrant violation of the Second Amendment,” a news release from Paxton’s office said. 

President Joe Biden has touted the rule change saying it would close the so-called gun show loophole and help to combat gun violence. In a statement, the president said he was doing everything he can to save lives and called on Congress to pass legislation establishing universal background checks. 

Biden administration officials have previously said they are confident the rule would withstand lawsuits. 

The rule change clarifies that anyone who sells a weapon to predominately make a profit must be federally licensed and conduct background checks, which would mean sellers outside of brick-and-mortar gun stores.

Kacsmaryk, who was appointed by former President Donald Trump, has been in the national spotlight previously for his ruling against the Food and Drug Administration’s approval of the abortion drug mifepristone.