You might have heard that Biden’s Alcohol, Tobacco, Firearms and Explosives or ATF wants to limit your Second Amendment rights. Thankfully, a federal judge just shot down their latest attempt.
According to The Hill, ATF planned to implement a new regulation that was supposed to go into effect on Monday, requiring everyone who wants to sell a gun, be it just one or a couple, and even if you’re just trading it, to 1) get a license to do so, and 2) conduct a background check on whoever is getting the weapon, as if they were a gun store.
Naturally, the rule would essentially make criminals of thousands of law-abiding and hard-working Americans overnight, as well as limit our right to keep and bear arms.
So, it shouldn’t be any surprise that a number of pro-Second Amendment groups and states joined together to fight the new rule.
And on Sunday, US District Court Judge Matthew Kacsmaryk sided against ATF, at least temporarily. As The Hill reported, an injunction was granted to Texas and several gun rights groups that will prevent the rule from going into effect until at least June 2, when a hearing on the case is scheduled.
The ATF saying "just trust us" is akin to those scary words "I'm from the government and I'm here to help."
We don't trust you. We don't want your help. We want you to stay in your lane and respect the Constitution!📢 https://t.co/6JOHCLtvSS
— Erich Pratt (@erichmpratt) May 20, 2024
According to Judge Kacsmaryk, the rule unjustly applied to those who just wanted to sell or trade guns for their “personal collection.” This makes the rule problematic for two reasons.
Firstly, is that it would require firearm owners to prove innocence rather than the government proving guilt, essentially turning the law on its head.
Additionally, there are conflicts between the rule and the law it would supposedly help to enforce.
As Kacsmaryk stated, the natural fear here is that civil or criminal charges could result in something that was “lawful just yesterday.” To the fear, the ATF has basically said, “Just trust us,” asking the American people to trust their “’knowledge of existing case law’ and ‘subject matter expertise’ to prevent misuse or abuse of the presumptions.”
As the judge wrote, this is “absurd” and “provides no safe harbor at all for the majority of gun owners.”
It’s a major win, to be sure.
