Background Checks at Gun Shows: The Latest Developments
The United States doesn't have any federal law on universal background checks at gun shows. But on April 11, the Department of Justice put the country closer by finalizing a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) gun regulation.
Closing the "Gun Show Loophole"
Currently, the regulations regarding background checks at U.S. gun shows vary by state. Several states have passed laws mandating background checks for all gun sales, including those by unlicensed dealers at gun shows. Federal law contains no similar requirement. In Texas, for example, unlicensed dealers can sell firearms at gun shows and are not required to conduct background checks on the purchasers.
A recent ATF report showed that unlicensed dealers are trafficking a significant number of firearms. Illegally trafficked firearms have been responsible for several mass shootings in recent years. The feds' recent gun regulation is an attempt to close this "gun show loophole." President Joe Biden, when announcing the final rule, claimed that it could prevent thousands of illegal gun sales annually.
A Prompt Legal Challenge
The initial rule was open for public comment beginning in August 2023. The final rule ended up being similar to the initial proposal and was set to take effect 30 days after its publication in the Federal Register. However, its implementation has been delayed due to a recent successful legal challenge.
Gun rights advocates were quick to oppose the Biden administration regulation. The state governments of Texas, Louisiana, Mississippi, and Utah, alongside several gun rights organizations, challenged the regulation in a federal court in Amarillo, Texas. The gun rights organizations consisted of the groups Gun Owners of America, Inc., the Gun Owners Foundation, the Tennessee Firearms Association, and the Virginia Citizens Defense League.
These plaintiffs saw the new rule as a violation of the Second Amendment and an overstepping of presidential authority, among other legal theories.
Federal District Court Agrees With Texas
Judge Matthew Kacsmaryk temporarily blocked the rule from taking effect in Texas. A Trump appointee, Judge Kacsmaryk is Amarillo's only federal district court judge. He has been asked to oversee several controversial political cases. For example, he suspended approval of the abortion pill mifepristone, a ruling that has been suspended while the Supreme Court considers the case.
According to Judge Kacsmaryk, the new rule violates the Bipartisan Safer Communities Act, a gun law passed in 2022. He did not address any constitutional arguments when issuing the injunction.
While siding with Texas and several gun rights advocacy groups, Judge Kacsmaryk held that the other states couldn't sue. He ruled that Louisiana, Mississippi, and Utah did not do enough to show that they had standing to bring suit in Amarillo.
What Happens Now?
Judge Kacsmaryk issued a preliminary injunction, which lasts until June 2. For a plaintiff to obtain a preliminary injunction, as Texas did, there must be a "substantial likelihood" of prevailing in court. Judge Kacsmaryk's views on the rule's legality are clear, so if the case proceeds, the rule will almost certainly be declared invalid.
The DOJ could appeal the injunction, although it has not yet done so. If it does not appeal the injunction, the DOJ will almost certainly appeal any final holding declaring the regulation invalid.
Meanwhile, Arkansas, joined by 20 other states, has filed a second lawsuit challenging the regulation on similar grounds. And Florida Attorney General Ashley Moody has also filed a separate complaint in federal court in Tampa. Put simply, ongoing multi-state litigation is putting the rule's ultimate implementation in doubt.
Texans and millions of members of the gun rights organizations involved in the suits will not be subject to the regulation in the immediate future. But citizens in Louisiana, Mississippi, and Utah are in the same boat as other states. For now, unlicensed gun sellers should monitor developments to ensure they are up-to-date on state and federal law regarding conducting background checks at gun shows and online.
Related Resources
- Federal Courts Uphold Limits on Guns but Not Ammo (FindLaw's Federal Courts)
- SCOTUS Overturns New York Gun Law (FindLaw’s Federal Courts)
- Ghost Gun Manufacturer Hit With $7.8 Judgment After 'Ghosting' NY Lawsuit (FindLaw's Courtside)
