A federal judge in Kansas declined to halt the nationwide implementation of a Biden administration regulation mandating background checks for firearms purchasers at gun shows, with Texas being the only state where a legal challenge has succeeded. The ruling by U.S. District Judge Toby Crouse was part of a lawsuit brought by Kansas, 19 other states, three individual gun collectors, and a collector association in Wichita, Kansas, aiming to prevent the Bureau of Alcohol, Tobacco, Firearms and Explosives from enforcing the rule that went into effect in May.
Twenty-six states, along with gun owner groups and individual collectors, initiated three federal lawsuits in May against the Biden administration. The regulation aims to close a loophole permitting the sale of thousands of guns annually by unlicensed dealers without conducting background checks to determine if buyers are legally allowed to own firearms. The rule covers not only gun shows but also other venues outside traditional firearms stores.
Opponents argue that the new regulation infringes on Second Amendment rights and assert that the Biden administration lacks the legal authority to implement it. They also contend that the rule will diminish gun sales, making firearms less accessible to collectors and leading to a decrease in tax revenue for states. However, Judge Crouse, a nominee of former President Donald Trump, stated in his Wednesday ruling that the harm predicted by the states, collectors, and groups is too speculative, casting doubts on the validity of their claims.
Crouse emphasized that while the plaintiffs may prevail ultimately, they have not provided strong enough evidence to show a probable success in their lawsuit. In contrast, a Trump-appointed judge in Texas, Matthew Kacsmaryk, blocked enforcement of the rule in that state before it took effect. Texas was joined in its lawsuit by Louisiana, Mississippi, and Utah, with varying outcomes regarding the enforcement of the regulation.
Florida also filed a lawsuit on the matter, awaiting a ruling from a federal judge. The states involved in the lawsuits named U.S. Attorney General Merrick Garland, the Department of Justice, and the ATF’s director as defendants. The Department of Justice declined to comment following Crouse’s ruling.
Phil Journey, one of the gun collectors involved in the Kansas case, expressed uncertainty about the possibility of appealing Crouse’s ruling, confident that the rule may eventually be overturned. Kansas Attorney General Kris Kobach echoed Journey’s sentiment, anticipating that the regulation will be invalidated in due course. The lawsuit, initially filed in a federal court in Arkansas, encompassed Arkansas among the suing states. However, rulings determined that Arkansas lacked the standing to sue, resulting in the case being transferred to Kansas.
