Judge expands block of Biden’s rule to close ‘gun show loophole’ to Utah, other states

A federal judge on Wednesday blocked the Biden administration from enforcing a new rule in four states that sough to close the so-called gun show loophole. File Photo by David Becker/UPI

June 13 (UPI) — A federal judge in Texas has expanded an injunction against the Biden administration from enforcing a new rule that sought to close the so-called gun show loophole to an additional three states, including Utah.

President Joe Biden has sought to curb gun violence in the United States through enacting policies, many of which Republicans have taken to court.

In April, Biden announced a new rule to go into effect May 20 to close the so-called gun show loophole that allowed unlicensed dealers to sell weapons to customers without performing a background check.

The new law redefines what it means to be “engaged in the business as a dealer in firearms” to ensure those who sell guns online or at gun shows are licensed dealers who run background checks on customers.

Last month, Judge Matthew Kacsmaryk, an appointee of former President Donald Trump, blocked the rule from being enforced in Texas and against a handful or gun owner associations — a decision he expanded Wednesday to the additional three states of Louisiana, Mississippi and Utah.

In his 21-page ruling Wednesday, Kacsmaryk sided with the four states, a handful of organizations and one person who filed the lawsuit arguing that the Biden administration violated rule-making laws when it finalized the new rule.

He also sided with the complainants that the final rule “requires firearm owners prove innocence rather that the government prove guilt.”

“Plaintiffs understandably fear that these presumptions will trigger civil or criminal penalties for conduct deemed lawful just yesterday,” he said.

Texas Attorney General Ken Paxton, who led the coalition, celebrated the injunction in a statement.

“Biden’s unconstitutional rule cannot be enforced in Texas,” the Republican said. “I’m proud to fight and win for our Second Amendment rights.”

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