Texas Judge Halts Biden Gun Sale Restrictions in Four States

Four states and four gun organizations don’t have to comply with a new Biden administration rule expanding oversight of private firearms sellers, a federal trial court judge said.

Judge Matthew Kacsmaryk, of the US District Court for the Northern District of Texas, issued a preliminary injunction Tuesday as to Texas, Louisiana, Mississippi, Utah, and the organizations.

Kacsmaryk, a Trump appointee who often sides against Biden on politically divisive issues, said the plaintiffs are likely to prevail on the merits. The plaintiffs if bound by greater scrutiny will suffer financial loss through reduced attendance and sales at gun shows, he said.

“This is not speculative,” Kacsmaryk said, citing evidence of declining attendance in the weeks after the Bureau of Alcohol, Tobacco, Firearms, and Explosives finalized the rule on April 19. He said the rule “recognizes — and anticipates — this effect.”

The order goes beyond a temporary restraining order Kacsmaryk issued on May 19, which included only Texas among the state plaintiffs. He directed the other states to submit supplemental briefing on why they have standing. Injury related to a financial hit is sufficient, he wrote Tuesday.

Anyone engaged in the business of selling firearms may now be required to have a license, Kacsmaryk said. This includes those selling firearms at gun shows, flea markets, auctions, and over the internet. Previously, private dealers weren’t required to have a license.

Dealers are also subject to greater regulatory oversight. For example, they must maintain records of their sales and allow government inspection of such records.

The states filed the lawsuit on May 1, the same day Florida filed a separate lawsuit to block the rule. The judge in that case hasn’t ruled on a motion for injunctive relief.

The states are representing themselves. The organizations are represented by Stamboulieh Law PLLC, Barnett Howard & Williams PLLC, and Schulman LeRoy & Bennett PC. ATF is represented by the US Department of Justice.

The case is Texas v. Bureau of Alcohol Tobacco Firearms & Explosives, N.D. Tex., No. 2:24-cv-00089, 6/11/24.