They can’t change the Constitution and they can’t get laws passed in congress, so what it a rabidly anti-Second Amendment regime to do? Well, they write illegal “regulations” that destroy our rights by fiat. But this time Biden lost when a federal judge blocked his attempt to pass more anti-gun regulations.
Federal Judge Matthew Kacsmaryk blocked Biden’s latest attempt to repeal the Second Amendment when he sided with a group of gun owners in Texas that maintained that Biden’s attempt to rewrite gun control regulations to redefine who is a “gun dealer” was unlawful.
Biden recently rewrote ATF rules to say that just about anyone who sells a single gun is now a “gun dealer for profit” and is running a gun selling business. It is an absurd overreach that makes every single person who sells even one gun a “gun dealer” who must get expensive dealer’s licenses, pay for expensive background checks, and abide by the ATF’s rules that put heavy restrictions on our right to bear arms.
Per the Daily Wire:
In his 14-page ruling, Kacsmaryk said that the rule likely violates the Administrative Procedure Act (APA) and was not in alignment with the “Bipartisan Safer Communities Act,” (BSCA) which the Justice Department cited in its justifications for implementing the policy. He said that because of this determination, evaluating the other arguments made against the rule was unnecessary.
“Plaintiffs understandably fear that these presumptions will trigger civil or criminal penalties for conduct deemed lawful just yesterday,” the judge wrote. “Other Plaintiffs face both civil and criminal enforcement actions for engaging in conduct that the BSCA permits but the Final Rule impermissibly forbids.”
The decision applies to Texas, the Gun Owners of America, the Gun Owners Foundation, the Tennessee Firearms Association, and the Virginia Citizens Defense League. The judge ruled that Louisiana, Mississippi, and Utah failed to demonstrate standing and did not issue the temporary injunction in their favor.
Republicans have argued that the regulations infringe on Second Amendment rights and would make it a felony for family members and friends to sell guns to each other without conducting background checks or having a federal license.
This is a good ruling. But it won’t stop the lawless, anti-Constitution party from working to destroy our rights. So, we must all be vigilant.
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