President Biden‘s attempt to expand the universe of gun sales subject to background checks likely violates federal law, a federal judge ruled Sunday.
Judge Matthew J. Kacsmaryk said Mr. Biden‘s team stretched the definition of those “engaged in the business” of firearms beyond its breaking point in an attempt to force more gun transactions to face the scrutiny of a background check.
The judge said two-thirds of gun owners maintain their weapons for self-defense or protection and they could end up being snared by the regulation if they were to trade or sell a weapon.
“They cannot dispose of firearms from their personal collections for fear of being presumed ‘engaged in the business,’” the judge wrote.
He issued a temporary restraining order blocking the policy for residents of Texas and members of some major gun-rights groups, including Gun Owners of America and the Virginia Civil Defense League. In practice, that could hinder enforcement of the entire policy since the Bureau of Alcohol, Tobacco, Firearms and Explosives would struggle to figure out if someone is covered by the judge’s order.
Texas Attorney General Ken Paxton, who led the challenge, said the judge’s ruling will “prevent this illegal rule from taking effect.”
“The Biden administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment,” he said.
The ATF declined to comment.
Judge Kacsmaryk‘s ruling comes just as the new rule was to take effect.
It’s part of a broad gun-control push by Mr. Biden and his team. It was intended to close what gun control advocates call the “gun show loophole” in background checks. Those purchasing weapons from a licensed dealer must undergo a background check before taking possession of the gun, but nondealers can sell — often at booths at gun shows or through classified ads — without needing to perform the background check.
ATF officials said the expansion would add roughly 20,000 people to the current 80,000-person list of those who must conduct background checks. The result would be to capture tens of thousands of gun sales that currently don’t face a check.
“Under this regulation, it will not matter if guns are sold on the internet, at a gun show or at a brick-and-mortar store: If you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks,” Attorney General Merrick Garland said at the time.
Biden officials called the change overdue and “historic,” saying they were operating under authority granted by Congress in a 2022 law passed in the wake of several high-profile mass shootings.
But Republicans who co-sponsored that law say the Biden administration got it wrong.
Sen. John Cornyn, Texas Republican, said the administration was “a dishonest broker.” He and Sen. Thom Tillis, North Carolina Republican, said the law would never have been able to pass Congress if lawmakers knew what Mr. Biden would do with it.
They have written legislation that would overturn Mr. Biden‘s changes.
The temporary restraining order lasts until June 2, though given the nature of the judge’s ruling it could be converted into a more binding injunction.
Judge Kacsmaryk was appointed to the federal bench by former President Donald Trump.
The judge’s ruling said the Biden administration likely violated the Administrative Procedure Act by twisting the definitions in the law. The APA governs how presidents can go about carrying out the laws, including using the regulation-writing system.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
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