US judge blocks Biden administration's effort to close 'gun show loophole' in Texas

A federal judge in the US has temporarily blocked the Biden administration from fully implementing a new regulation, finalised last month to close the "gun show loophole" that appeared to ease license norms. The regulation was aimed at ensuring that those selling firearms at gun shows, online, and other venues must follow the same licensing and background check requirements as traditional gun stores.

The ruling, issued by US District Judge Matthew Kacsmaryk in Amarillo, Texas, prevented the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing the rule in Texasor against members of several gun rights groups.

Texas Attorney General Paxton, a Republican, said in a statement, "I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect."

The plaintiffs who filed the lawsuit against the April ruling by the Biden administration was filed by Texas, several gun rights groups, and three other Republican-led states.

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The judge ruled that the new rule's provisions contradict the Bipartisan Safer Communities Act(BSCA), 2022.

Specifically, the judge criticised the rule for not exempting individuals who buy or sell firearms for personal protection, thus failing to provide a "safe harbour" for most gun owners.

Attorney General Merrick Garland defended the regulation during an April 10 press briefing.“Under this regulation, it will not matter if guns are sold on the internet, at a gun show, or in a brick-and-mortar store,” Garland said, adding, “If you sell guns predominantly to earn a profit, you must be licensed and you must conduct background checks.”

Rule aims to close fire sale loophole

The new rule also aims to address the fire sale loophole.

Normally, federally licensed firearms dealers are required to perform background checks on all gun buyers to ensure they are legally permitted to purchase firearms.

However, under fire sale loophole, when a dealer loses their license or decides to close their business, they can liquidate their stock as private individuals, thereby bypassing these mandatory checks.

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This change follows a zero-tolerance policy on lawbreaking gun dealers implemented by the Biden administration in 2021.

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The issue of gun violence remains pressing, with the Gun Violence Archive reporting at least 40,167 deaths from gun violence in the US as of December 7, 2023, averaging nearly 118 deaths per day.

(With inputs from agencies)