Staff Reports
A recent development in the battle over gun rights has brought good news for conservatives concerned about the Second Amendment. A federal judge has stepped in to temporarily block a rule proposed by the Biden administration in Texas, Louisiana, Mississippi, and Utah. The rule required background checks on individuals selling guns at gun shows and online, which many viewed as an overreach of federal authority.
Judge Matthew Kacsmaryk ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) had gone beyond its legal boundaries with this rule, infringing on the rights of gun owners and sellers. He argued that the rule conflicted with existing laws like the Bipartisan Safer Communities Act (BSCA) and the Gun Control Act of 1968 (GCA). This decision is a win for those who believe in upholding the Constitution and limiting government overreach.
🚨BREAKING🚨
Judge Kacsmaryk has granted a Preliminary Injunction in GOF & @GunOwners case against ATF’s “Engaged in the Business” rule.
This PI completely prevents ATF from enforcing this rule against members of GOA, TFA, VCDL, and residents of TX, UT, LA, and MS. pic.twitter.com/GTkwd6jGu3
— Gun Owners Foundation (@GunFoundation) June 12, 2024
Furthermore, Judge Kacsmaryk pointed out that the rule unfairly shifted the burden of proof onto gun buyers, a clear violation of due process. By requiring buyers to prove their innocence rather than the government proving guilt, the rule undermined the principles of fairness and justice. This ruling protects the rights of law-abiding gun owners from undue harassment and intrusion by the government.
Texas Attorney General Ken Paxton celebrated the decision, recognizing it as a victory for Second Amendment rights. He emphasized the importance of pushing back against any attempts to criminalize private gun sales. It is reassuring to see elected officials like Paxton standing up for the constitutional rights of their constituents and pushing back against federal overreach.
While the Biden administration may choose to appeal this ruling, for now, the injunction stands, safeguarding the rights of individuals in these four states. This case highlights the significance of a strong judiciary in upholding the rule of law and ensuring that government actions remain within legal boundaries. Conservatives can take heart in this victory for gun rights and constitutional principles.
