Gun Show Loophole Exclusive Ruling Shot Down By Federal Judge

A judge has temporarily blocked the Biden administration from enforcing a rule to close the ‘gun show loophole.’ The federal rule would require people who sell firearms online and at gun shows to conduct background checks on potential customers before making a sale. This rule would apply to Texas, Louisiana, Mississippi, and Utah.

What is the Gun Show Loophole?

The gun show loophole is a political term that allows private firearms sellers to bypass federal background checks on buyers. Also called the private sales exception, the loophole will enable sellers to sell firearms to federally unlicensed residents in their state if the buyer does not sell firearms professionally and the seller has no reasonable cause to believe the buyer prohibits firearm possession.

According to Federal Law, pawn shops, gun stores, outdoor stores, and other licensees holding a Federal Firearms License must conduct a background check on all buyers whether the sale occurs at their business or a gun show. In some states, the same rule applies to private individuals who sell guns to residents who live in their state. In other states, the rule does not apply to private sellers- hence the gun show loophole.

Gun control advocates have campaigned for universal background checks to end the gun show loophole. Gun rights advocates state that the gun show loophole does not exist. They claim that current laws provide uniform rules for commercial gun sellers regardless of status. They have also asserted that the Second Amendment prohibits the federal government from regulating non-commercial intrastate transfers of legal firearms between private citizens.

Biden has taken the next step by attempting to enforce a rule closing the loophole. However, U.S. District Judge Matthew Kacsmaryk temporarily blocked his efforts.

Why Was Biden Shot Down?

Kacsmaryk, a Trump-appointed conservative judge, is known for ruling against Biden administration policies. He ruled that the administration violated federal rulemaking procedures when it finalized the rule earlier this year. His injunction also temporarily prevents enforcement of federal rules against several gun rights groups and a Texas individual gun owner involved in the lawsuit.

What Would Biden’s Rule Entail?

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) enacted the rule on May 20. It increased firearm ownership requirements and provided a more specific definition of engaging in the firearms business.

A more precise definition of the term will help enforce background check compliance.

“Texas has secured an injunction against Biden’s unlawful ATF rule that would criminalize the private sale of guns. Biden’s unconstitutional rule cannot be enforced in Texas,” said Texas Attorney General Ken Paxton. “I’m proud to fight and win for our Second Amendment rights.”

Kacsmaryk previously blocked the rule while considering whether to grant the preliminary injunction. The injunction will last until the court resolves the lawsuit.

Other courts are challenging the ATF ruling. Over a dozen GOP-led states, spearheaded by the Kansas attorney general, are seeking legal action.

The Justice Department has yet to comment on the activity.

How Closing the Gun Show Loophole will Affect the Firearms Industry

Earlier in the year, a Department of Justice official noted that 80,000 Americans have a Federal Firearm License. If the rule passes, about 20,000 more individuals would need to obtain a license. The outcome could affect tens of thousands of gun sales.

The representative stated that the rule would go beyond punishing individuals for committing crimes. It would promote a focus on the source of illegal guns.