Judge says Biden's ban of 'gun show loophole' invalid in 4 states

Attorneys general in the four states say that the rules "abridge Americans’ constitutional right to privately buy and sell firearms."
Biden Guns
Posted at 2:19 PM, Jun 13, 2024

A federal court ruled that the Biden administration's rule that requires background checks to be performed on most firearms sold at gun shows cannot be enforced in four states.

The ruling expands a May 2024 decision that blocked the rules from going into effect in Texas. Now, the Biden administration cannot enforce the rules in Louisiana, Mississippi and Utah, in addition to Texas.

Attorneys general in the four states say that the rules "abridge Americans’ constitutional right to privately buy and sell firearms."

Previous rules required licensed gun dealers to perform criminal background checks on purchasers, but private sales were exempted. The new rule intends to require those who sell guns to earn a profit to obtain a license and register as a dealer.

Attorney General Merrick Garland speaks next to a wall with photographs of victims of gun violence.

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The White House said that if a person is repetitively selling guns of the same or similar make and model within one year of their purchase, they are supposed to become a licensed dealer. The Bureau of Alcohol, Tobacco, Firearms and Explosives would be tasked with enforcing the new rule.

The Biden administration said the rule closes the gun show "loophole." The new rules went into effect in May.

Previously, a federal judge said that the three states had not proven they had standing to seek the temporary protection order blocking the rule from going into effect. On Tuesday, Judge Matthew Kacsmaryk decided that the states had standing because they demonstrated states would lose tax revenue from gun sales.

Twenty-six state attorneys general have filed suits trying to block the rule from going into effect.

Kacsmaryk ruled that the plaintiffs would likely succeed as he believes the rule violates the Administrative Procedure Act.

“These new rules clearly violate the Second Amendment. The Biden administration continues to recklessly attack our constitutional rights. Louisiana will challenge them every step of the way,” said Louisiana Attorney General Liz Murrill.

The Biden administration estimates that there are 20,000 unlicensed dealers who would be affected by the new rule. Officials cited an Everytown for Gun Safety study that claimed that about 1 in 9 prospective gun show and online buyers would fail a background check.