The Gun Owners of America (GOA) and the State of Texas filed suit to block its enforcement. On Friday, Kacsmaryk granted the plaintiff’s request for an “expedited briefing” on the legality of the controversial new rule.
The GOA’s Erich Pratt announced the legal action earlier this month. The gun rights organization partnered with Texas Attorney General Ken Paxton and three other states to oppose the change.
Pratt warned that the ATF’s rule “forces citizens like you either to comply with an unconstitutional background check or face criminal prosecution.”
Judge Kacsmaryk mandated that ATF submit its response to the GOA challenge this week. Similarly, the plaintiffs are required to “reply in support of their motion for preliminary relief” the following day.
While these universal background checks have been a goal of Second Amendment opponents for decades, neither political party has enacted them while controlling Congress.
But the ATF seeks to work around this legislative impasse through unilateral action.
The agency transformed the definition of being “engaged in the business of selling guns” to simply mean an individual could gain a profit from the transaction. Under this radical new definition, the mere act of selling a firearm to a personal friend could require implementation of the National Instant Criminal Background Check System (NICS).
Far from being specifically drawn, the ATF gave itself broad powers to demand that an individual proves they are not attempting to secure a profit. This is an onerous development with far-reaching consequences for weapons enthusiasts.
Gun rights advocates will learn in coming days if the legal effort to ward off these changes was successful.
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