Buckeye Reporter

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) faced another setback in a federal Texas district court. U.S. District Judge Matthew J. Kacsmaryk issued a temporary restraining order (TRO) against the ATF, preventing the bureau from enforcing its new rule on who needs a federal firearms license (FFL) to sell a gun. The TRO applies specifically to members of Gun Owners of America (GOA), Tennessee Firearms Association (TFA), and Virginia Citizens Defense League (VCDL).

Gun rights groups, along with the state of Texas, filed a lawsuit against the ATF over a new rule that many described as back-door universal background checks. The ATF’s final rule stipulated that almost anyone selling a firearm would need an FFL, with merely advertising a gun for sale being sufficient for the ATF to classify someone as "in the business" of selling firearms.

The rule received significant pushback due to concerns over its constitutionality. The ATF’s default position was that individuals were engaged in the business of selling firearms unless they could prove otherwise, shifting the burden of proof from the ATF to the gun seller. Plaintiffs argued this violated sellers' rights by removing their presumption of innocence.

The ATF asserted that Americans should not fear criminal or civil prosecution by the Federal Government under this rule. However, Judge Kacsmaryk rejected this assurance, stating that Americans have reasonable fears about potential prosecution under the new rule. He noted that plaintiffs are likely to succeed on the merits of their case.

“Plaintiffs understandably fear that these presumptions will trigger civil or criminal penalties for conduct deemed lawful just yesterday,” Judge Kacsmaryk wrote.

GOA celebrated the ruling and anticipates that the rule will eventually be struck down in court. Erich Pratt, GOA senior vice president, commented: “President Biden and his anti-gun administration have aggressively pursued an agenda meant to harass, intimidate, and criminalize gun owners and dealers at every turn.” He added that this ruling is “a compelling rebuke” of what he termed unconstitutional actions by misinterpreting federal law.

Philip Van Cleave, President of VCDL, also welcomed the court's decision: “If the ATF would simply protect the rights of America’s gun owners instead of attacking those rights, we wouldn’t have to go to court.”

Texas Attorney General Ken Paxton expressed relief over securing a restraining order against what he described as an illegal rule aimed at nullifying Second Amendment rights: “The Biden Administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment.”

Although the TRO currently applies only to members of GOA, VCDL, TFA, and residents in Texas, it poses enforcement challenges for the ATF regarding others. Since gun rights organizations do not share membership lists with the ATF, it becomes difficult for the bureau to identify who is shielded by such injunctions.

The TRO will remain in effect until June 2 when Judge Kacsmaryk will decide whether to issue a preliminary injunction and determine its scope.

Republished with permission from AmmoLand.

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