(IntegrityTimes.com) – On Monday May 20, Federal Judge Matthew Kacsmaryk released his 14-page ruling blocking the Biden administration’s new rule regarding firearm background checks. The proposed rule would require any individuals who “earn a profit” selling guns to carry out background checks. This rule would close what is called the gun show loophole. Private sales and sales at gun shows have traditionally been exempt from conducting background checks that are required for traditional gun shops.
Judge Kacsmaryk is a United States district judge of the U.S. District Court for the Northern District of Texas, who was nominated for his position by former president Trump. He is considered controversial by many left-leaning people as he is generally very conservative. Kacsmaryk is favored by conservative groups who often make a point to file certain cases in his jurisdiction. The new federal policy will go forward in other states but thanks to Kacsmaryk it will not affect Texas.
Kacsmaryk’s ruling indicated the new federal rule very likely violates the Administrative Procedure Act (APA). The APA was designed to ensure transparency and opportunities for the public to participate in the decision-making process. He also suggested that the rule is not in alignment with the Bipartisan Safer Communities Act (BSCA) although the Justice Department cited it as part of the justification for implementing the new policy. Kacsmaryk stated that considering other arguments against the new rule was unnecessary as his determinations regarding the APA and the BSCA were sufficient.
President Biden has commented that the new federal rule will keep firearms out of the hands of domestic abusers and felons. Roughly 20,000 firearms dealers will have to start conducting background checks on top of the 80,000 federally registered dealers who already do so.
Kacsmaryk granted an injunction against the Bureau of Alcohol, Tobacco, and Firearms which will prevent the new federal policy being implemented in Texas. Senate Majority Leader Chuck Schumer publicly denounced the ruling as well expressing frustration with conservatives using Kacsmaryk’s jurisdiction to get the results they are looking for.
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