Texas Gets A Win Against ATF, Federal Judge Issues Temporary Restraining Order [VIDEO]

"I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect." - Attorney General Ken Paxton

Image Credit: Allexxandar - Shutterstock.com

A federal judge has delivered a temporary setback to the Biden regime’s efforts to implement a new regulation aimed at closing the so-called “gun show loophole.” The regulation, finalized last month, sought to enforce uniform licensing and background check requirements for individuals selling firearms at gun shows, online, and other venues.

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US District Judge Matthew Kacsmaryk in Amarillo, Texas, issued the ruling, effectively preventing the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing the rule in Texas and against members of various gun rights groups. Texas Attorney General Paxton, a Republican, expressed relief, stating, “I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect.”

The lawsuit challenging the April ruling by the Biden regime was filed by Texas, several gun rights groups, and three other Republican-led states. Judge Kacsmaryk cited the contradiction between the new rule’s provisions and the Bipartisan Safer Communities Act (BSCA), 2022, in his ruling.

The judge specifically criticized the rule for failing to provide a “safe harbor” for most gun owners by not exempting individuals who buy or sell firearms for personal protection.

Attorney General Merrick Garland had defended the regulation during an April 10 press briefing, emphasizing that it aimed to ensure that individuals selling guns for profit, whether online, at a gun show, or in a physical store, must be licensed and conduct background checks.

Additionally, the regulation also intended to address the “gun show loophole,” which Biden’s own ATF debunked with their own data:

This latest development comes amid the Biden regime’s efforts to crack down on law-abiding gun owners under the guise of safety. The ongoing legal battle raises questions about the balance between gun regulations and Second Amendment rights, sparking debates across the political spectrum.


You can read Ken Paxton, Attorney General of Texas’s full press release below:

Attor­ney Gen­er­al Ken Pax­ton Secures Tem­po­rary Restrain­ing Order Against Biden Admin­is­tra­tion, Stop­ping Unlaw­ful ATF Rule from Tak­ing Effect

Texas Attorney General Ken Paxton has secured a temporary restraining order from a federal judge that prevents an unlawful rule promulgated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) from taking effect while the case is litigated.

On May 1, Attorney General Paxton led a coalition suing the ATF to prevent a new regulatory restriction that unlawfully attempted to abridge Americans’ constitutional right to privately buy and sell firearms. The Final Rule was arbitrary and capricious and flagrantly violated the Second Amendment. Despite Congress having recognized the legality of private firearms sales by non-dealers, the Biden Administration issued a new regulation that would subject hundreds of thousands of law-abiding gun owners to presumptions of criminal guilt for engaging in constitutionally protected activities.

A federal district court has halted the implementation of the ATF rule until June 2, 2024, so that hearings may be held.

“I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” said Attorney General Paxton. “The Biden Administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment.”

The restraining order explained that Texas and the co-plaintiffs, “understandably fear that these presumptions will trigger civil or criminal penalties for conduct deemed lawful just yesterday. Nevertheless, ATF avers that its ‘knowledge of existing case law’ and ‘subject-matter expertise’ will prevent misuse or abuse of the presumption.… in other words, ‘just trust us.’ … For the forgoing reasons, Plaintiffs are substantially likely to succeed on the merits.”

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