A federal court has ruled that the Biden administration’s requirement for background checks on most firearms sold at gun shows cannot be enforced in four states.
The ruling expands on a previous decision from May 2024 that blocked the rules from taking effect in Texas. Now, the Biden administration is prohibited from enforcing the rules in Louisiana, Mississippi, and Utah, in addition to Texas.
Attorneys general in the four states argue that the rules infringe on Americans’ constitutional right to privately buy and sell firearms.
Under the new rule, licensed gun dealers are required to conduct criminal background checks on purchasers, with private sales no longer exempt. Those selling guns for profit must obtain a license and register as a dealer.
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The White House states that individuals repetitively selling guns of the same or similar make and model within one year of purchase must become licensed dealers. The Bureau of Alcohol, Tobacco, Firearms, and Explosives will be responsible for enforcing the new rule.
The Biden administration argues that the rule closes the “gun show loophole,” and it came into effect in May.
Previously, a federal judge had mentioned that the three states lacked standing to seek a temporary protection order against the rule. However, Judge Matthew Kacsmaryk recently determined that the states had standing due to potential loss of tax revenue from gun sales.
Twenty-six state attorneys general have filed suits to block the rule from being implemented.
Judge Kacsmaryk believes that the rule likely violates the Administrative Procedure Act and ruled in favor of the plaintiffs.
“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 around 20,000 unlicensed dealers would be affected by the new rule. Officials cited an Everytown for Gun Safety study indicating that approximately 1 in 9 prospective gun show and online buyers would fail a background check.
