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Federal judge blocks expanded background checks for gun sales in Texas, 3 other states

The Amarillo judge halted an ATF rule requiring certain individuals, and sellers at gun shows and flea markets, to conduct a background check on buyers.

AUSTIN — A federal judge on Wednesday blocked the enforcement of federal regulations that require gun sellers — including individuals and those at gun shows and flea markets — to conduct background checks in Texas and three other states.

The preliminary injunction by U.S. District Judge Matthew Kacsmaryk, appointed by former President Donald Trump, stops the Bureau of Alcohol, Tobacco, Firearms and Explosives from enforcing new rules expanding background checks before firearm purchases.

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“I’m proud to fight and win for our Second Amendment rights,” said Texas Attorney General Ken Paxton, whose lawsuit to block the rule was joined by Louisiana, Mississippi and Utah.

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Kacsmaryk’s ruling was limited to Texas and the three states, plus gun rights groups that were also plaintiffs.

The ATF’s new rules, Kacsmaryk wrote in a 21-page order, misinterpreted a law President Joe Biden signed in 2022 after a string of high-profile mass shootings that year, including the massacre at Robb Elementary School in Uvalde that left 19 children and two teachers dead.

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Federally licensed gun dealers are required to search national databases to determine if prospective buyers are prohibited from buying firearms. As the federal agency responsible for regulating gun sales, the ATF said the 2022 law also covered purchases made at gun shows, flea markets, gun ranges, by mail order and over the internet.

The rules also said a seller should become licensed if they meet criteria such as repeatedly selling guns of the same make. In addition, a single transaction can require a license if there is other evidence of commercial activity, such as a seller offering additional guns for sale.

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In his ruling, Kacsmaryk said the rules contained requirements that were not included in the 2022 law, putting gun sellers at risk of prosecution.

“They cannot engage in lawful, noncommercial conduct without fear of prosecution. They cannot collect firearms for personal defense while enjoying statutory protection. Nor can they dispose of firearms from their personal collections for fear of being presumed ‘engaged in the business.’” the judge wrote.

Kacsmaryk, based in Amarillo, also said the new rules would require that “firearms owners prove innocence rather than the government prove guilt.”

Spokespeople for the ATF did not immediately respond to a request for comment.