Judge Denies Bid to Halt Biden's Gun Show Background Check Rule

 July 13, 2024

A significant legal decision emerged from Kansas where U.S. District Judge Toby Crouse stood firm on a controversial federal gun control measure.

According to AP News, in Kansas and 19 other states, efforts to block the Biden administration’s background check rule for firearms sold at gun shows and similar venues have been unsuccessful.

Spearheaded by Kansas alongside nineteen other states, multiple individual gun collectors, and a Wichita-based collectors' association, this legal battle targeted new regulations aimed at tightening gun control. The Biden administration's rule, effective from May 2023, mandates background checks for all firearm purchases at gun shows, closing a previously exploited loophole.

Background Checks at Gun Shows: A Contentious Issue

Judge Toby Crouse highlighted the speculative nature of the harms asserted by the plaintiffs. They argued that the rule infringed upon the Second Amendment and would likely decrease gun sales and state tax revenues.

However, Crouse questioned the standing of the plaintiffs to sue, stating they had not made a convincing case that they were likely to succeed on the merits.

In contrast, a separate ruling in Texas saw Judge Matthew Kacsmaryk halting the rule’s implementation, albeit solely within state borders and not extending to Louisiana, Mississippi, and Utah. This development marks Texas as the only state where the rule’s enforcement has been successfully stalled.

Legal Challenges Span Across Multiple States

The series of lawsuits sparked across 26 predominantly Republican states reflect a widespread backlash against this rule. Filed simultaneously by state attorneys and gun ownership groups in May 2023, these legal challenges underscore a significant divide on national gun control policies.

Legal experts point towards a tumultuous journey ahead for the rule, as highlighted by cases pending in other jurisdictions like Florida. The U.S. Department of Justice has maintained its silence following the recent ruling, opting not to comment on ongoing litigation.

Authorities in the legal and gun collection fields, including former Kansas state senator and gun collector Phil Journey, express strong sentiments against the rule. Kris Kobach, Kansas Attorney General, anticipates prolonged legal battles or potential reversals under future presidential mandates.

Kris Kobach remarked on the rule's potential course under different political landscapes, expecting significant changes, especially with shifts in the presidency. He acknowledged the extensive legal trajectory the rule is likely to traverse before any final resolution is reached.

Phil Journey emphasized the severity of the impact this rule could have on gun collectors and associated industries. He predicts not just a legal overturn but also scrutinizes the foundational statutes of the rule, projecting a broader challenge against the regulation itself.

Conclusion

This ongoing legal narrative not only encapsulates a battle over gun control but also reflects deeper national divisions over constitutional rights and public safety. As court decisions continue to unfold, both proponents and opponents of the rule watch closely, aware that the eventual outcomes could reshape the landscape of gun ownership in America.

The ruling by Judge Toby Crousse in Kansas symbolizes a pivotal moment in the ongoing debate over gun control measures in the United States. With legal battles still raging in several states, the national landscape for gun legislation and background checks remains in a state of flux, drawing keen attention from legal experts, policymakers, and the public alike.

 

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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