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 extends a previous decision from May 2024 that prevented the rules from being implemented in Texas. Now, the Biden administration is also unable to enforce the rules in Louisiana, Mississippi, and Utah, in addition to Texas.
The attorneys general in these four states argue that the rules infringe on Americans’ constitutional right to privately buy and sell firearms.
Under the previous regulations, licensed gun dealers were required to conduct criminal background checks on buyers, while private sales were exempt. The new rule aims to mandate individuals selling guns for profit to obtain a license and register as a dealer.
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The White House has stated that individuals repeatedly selling guns of the same or similar make and model within one year of purchase are required to become licensed dealers. The Bureau of Alcohol, Tobacco, Firearms and Explosives will enforce the new rule.
The Biden administration believes that the rule closes the “loophole” at gun shows. The new regulations came into effect in May.
Previously, a federal judge had dismissed the claims of the three states arguing against the rule. However, Judge Matthew Kacsmaryk has now ruled that the states have standing as they demonstrated potential tax revenue loss from gun sales.
Twenty-six state attorneys general have filed lawsuits attempting to block the enforcement of the rule.
Judge Kacsmaryk stated that the plaintiffs are likely to 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 around 20,000 unlicensed dealers would be impacted by the new rule. Officials referenced a study by Everytown for Gun Safety indicating that about 1 in 9 prospective gun show and online buyers would fail a background check.
