Texas Attorney General Ken Paxton has obtained a temporary restraining order from a federal judge, halting an allegedly unlawful rule set forth by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”). This order prevents the rule from taking effect while litigation is ongoing.
On May 1, Paxton led a coalition that filed a lawsuit against the ATF to prevent the implementation of a new regulatory restriction. The coalition argued that this restriction unlawfully infringes on Americans' constitutional right to privately purchase and sell firearms. They claimed that the Final Rule was arbitrary, capricious, and in clear violation of the Second Amendment. Despite Congress acknowledging the legality of private firearms sales by non-dealers, the Biden Administration introduced a new regulation that could potentially classify hundreds of thousands of law-abiding gun owners as criminals for engaging in constitutionally protected activities.
A federal district court has paused the implementation of the ATF rule until June 2, 2024, allowing time for hearings to be conducted.
“I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” stated Attorney General Paxton. “The Biden Administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment.”
The restraining order clarified that Texas and its co-plaintiffs fear these presumptions may lead to civil or criminal penalties for actions considered lawful just yesterday. Despite this concern, ATF asserts its 'knowledge of existing case law' and 'subject-matter expertise' will prevent misuse or abuse of presumption. In other words, 'just trust us.' For these reasons, plaintiffs are substantially likely to succeed on their claims.
To read the order in full detail, click here.