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US judge blocks Biden-backed rule expanding gun background checks
Last edited Mon May 20, 2024, 09:00 AM - Edit history (1)
https://www.reuters.com/world/us/us-judge-blocks-biden-backed-rule-expanding-gun-background-checks-2024-05-20/US judge blocks Biden-backed rule expanding gun background checks
By Nate Raymond
May 20, 2024 4:49 AM EDT Updated an hour ago
May 19 (Reuters) - A federal judge on Sunday blocked the Biden administration from fully implementing a new rule that would require gun dealers to obtain licenses and conduct background checks when selling firearms at gun shows and online.
U.S. District Judge Matthew Kacsmaryk in Amarillo temporarily restrained [PDF], opens new tab the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule from being enforced in Republican-led Texas or against members of several gun rights groups.
"I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” Texas Attorney General Paxton, a Republican, said in a statement.
The U.S. Department of Justice, which is defending the rule in court, did not respond to a request for comment.
[...]
By Nate Raymond
May 20, 2024 4:49 AM EDT Updated an hour ago
May 19 (Reuters) - A federal judge on Sunday blocked the Biden administration from fully implementing a new rule that would require gun dealers to obtain licenses and conduct background checks when selling firearms at gun shows and online.
U.S. District Judge Matthew Kacsmaryk in Amarillo temporarily restrained [PDF], opens new tab the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule from being enforced in Republican-led Texas or against members of several gun rights groups.
"I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” Texas Attorney General Paxton, a Republican, said in a statement.
The U.S. Department of Justice, which is defending the rule in court, did not respond to a request for comment.
[...]
Link to order (PDF) :
https://fingfx.thomsonreuters.com/gfx/legaldocs/gkvllmzgrvb/05192024atf.pdf
STATE OF TEXAS et al.,
Plaintiffs,
v. 2:24-CV-89-Z
BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
[...]
8 replies
= new reply since forum marked as read
= new reply since forum marked as read
From 1st page of order:
“Definition of ‘Engaged in the Business’ as a Dealer in Firearms”
This rule gives the ATF an arbitrary means to prosecute someone for buying/selling personal firearms. If "too many" are sold during an unspecified time (and TF doesn't say how many are "too many"
one needs a dealer license. Now, ATF has certain rules and regulations regarding issuing of licenses, so not just anyone can get one. One must have a business area in your home, if you are using your home for the address for your license. Separate access to the outside. Zoned for business. ATF inspects your house prior to issuing license. If any fault is found, no license. So, now, the ATF is telling you, you have to have a license if you buy/sell a "secret" number of guns, in an undisclosed time period, but they may not issue you a license, well, because. Then what? Realistically?