HomeGunsCourt: Biden “Engaged In the Business” Rule Can‘t Be Enforced Against Some...

Court: Biden “Engaged In the Business” Rule Can‘t Be Enforced Against Some Americans

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A cadre of pro-gun organizations has won a major early victory over the Biden Administration’s new Final Rule redefining who is “engaged in the business” of selling firearms.

The gross overstep by the Justice Department (DOJ) and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which basically outlaws private gun sales and was set to take effect on Monday, has been challenged in court in a number of different lawsuits. On Sunday, in the case State of Texas v. BATF,  the U.S. District Court for the Northern District of Texas approved a temporary restraining order on the Final Rule that states it may not be enforced against the individual plaintiff in the case, citizens of the of Texas, and members of Gun Owners of America, Gun Owners Foundation, the Tennessee Firearms Association and the Virginia Citizens Defense League.

“The Final Rule creates sets of presumptions indicating (1) “when a person has the intent to ‘predominantly earn a profit’” and (2) “that someone is ‘engaged in the business,’” Judge Matthew Kacsmaryk wrote in the opinion. “But these presumptions are highly problematic for at least two reasons. First, they flip the statute on its head by requiring that firearm owners prove innocence rather than the government prove guilt… Second, several presumptions conflict with the statutory text.”

The ruling further stated: “And as this Court’s analysis makes clear, Defendants’ Final Rule is almost certainly violative of — at the least — the APA. As such, ‘both the balance of equities and the public interest weigh in favor of allowing orderly judicial review of the Rule before anyone shuts down their businesses or sends them to jail.’”

Erich Pratt, GOA senior vice president, said the ruling should be a lesson to the president and government bureaucrats who are charged with enforcing laws, not making them.

“President Biden and his anti-gun administration have aggressively pursued an agenda meant to harass, intimidate and criminalize gun owners and dealers at every turn,” Pratt said in a news release announcing the order. “This ruling is a compelling rebuke of their tyrannical and unconstitutional actions that purposely misinterpreted federal law to ensure their preferred policy outcome.”

While it’s likely the government will appeal the ruling, those involved in the lawsuit vow to see the matter through until the end.

“We will continue the fight to ensure that this administration never succeeds in their goal of building a comprehensive database of firearm transaction records, which this rule would have been critical to accomplishing,” Pratt said.

GOF Board Member Sam Paredes also praised the court ruling, which was a strong rebuke to the Biden Administration.

“It was clear from the start that the administration hoped to weaponize Senator Cornyn’s ‘compromise’ gun control package to further push their universal registration check agenda,” Paredes said. “We’re thrilled to have blunted the charge and are well-prepared to continue the fight going forward.”

According to the ruling, the temporary restraining order will remain in effect until June 2.

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