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Federal Court Upholds Biden's Gun Show Background Check Rule In Kansas

 July 14, 2024

In a landmark decision, U.S. District Judge Toby Crouse has declined to block a Biden administration rule that requires background checks for firearms dealers at gun shows, affecting Kansas and 19 other states.

Newsweek reported that the ruling leaves Texas as the lone state where legal means have successfully halted the new regulation.

Background to the Biden Administration's Rule

This week, Judge Crouse addressed the lawsuit filed by Kansas, 19 other states, three gun collectors, and a Wichita-based collectors' association. The group challenged a Biden administration rule designed to close a loophole in gun show sales.

Previously, unlicensed dealers could sell many firearms at gun shows and other non-traditional locations without background checks. The new rule extends the background check requirement to these venues to enhance public safety.

The litigation asserts that the rule infringes on Second Amendment rights and lacks the necessary legal authority from the administration.

Nationwide Legal Battle Over Gun Show Rule

In May, twenty-six states, spearheaded by Republican attorneys general and various gun ownership groups, launched three separate lawsuits challenging the rule. They argue that the requirement will significantly diminish gun sales, impacting collectors and state revenue generated from these transactions.

Judge Crouse ruled that the harm predicted by the plaintiffs was too speculative to warrant a preliminary injunction. His decision contrasts sharply with Judge Matthew Kacsmaryk in Texas, who blocked the rule's enforcement within Texas and for members of four specific groups before it went into effect.

Florida has also pursued legal action against the rule, with a pending decision.

Reactions to the Ruling

In his decision, Judge Crouse stated, "While they may ultimately succeed on the merits, they have failed to make a strong showing that they are substantially likely to do so." This statement indicates the ongoing nature of the legal debate surrounding the rule.

Phil Journey, one of the plaintiffs, remains optimistic about the future of the case, suggesting, "I am confident the rule and perhaps the underlying statute will ultimately be voided."

Kris Kobach, another prominent figure in the lawsuit, commented on the early stage of the case and its potential longevity, hinting at political ramifications depending on future presidential elections.

Details of the Litigation Process

They transferred the lawsuit initially filed in Arkansas to Kansas after determining Arkansas lacked standing in the case, thereby adding another layer of complexity to the nationwide debate over gun control and regulation.

Moreover, the high-profile nature of this legal challenge is evident, given that the defendants include U.S. Attorney General Merrick Garland and the director of the ATF.

Additionally, the Department of Justice has refrained from commenting on Crouse's decision, underscoring the contentious and sensitive aspects of this legal battle.

Broader Implications and Future Prospects

Kansas and 19 other states' refusal to block the rule signifies a significant development in the ongoing national conversation about gun control, particularly in the context of gun shows.

Furthermore, as legal challenges continue, the outcomes could set significant precedents for regulating gun sales across the United States, impacting both gun rights advocates and those favoring stricter gun control.

Given the differing decisions across states, the issue is likely to ascend to higher courts. Ultimately, the Supreme Court could decide the fate of the Biden administration's rule.

Conclusion

In conclusion, Judge Toby Crouse's decision not to block the Biden administration's rule requiring background checks at gun shows in Kansas and 19 other states represents a pivotal moment in the debate over gun control. Texas remains an outlier with a contrasting ruling.

The legal battles in various states, including the pending decision in Florida, continue to shape the national landscape on this contentious issue. These case outcomes could influence U.S. gun policy for years to come.