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January 1, ATF Background Check Rule Halted: Texas Judge’s Decision Impacts Private Gun Sellers



Judge Matthew J. Kacsmaryk issued a temporary restraining order against the ATF’s universal background check rule on May 19, 2024. The case, State of Texas v. ATF, was brought by Texas, Gun Owners of America (GOA), and Gun Owners Foundation (GOF).

As a result of Kacsmaryk’s decision, the rule is now restrained from being enforced in the state of Texas or against members of GOA, GOF, the Virginia Citizens Defense League, and the Tennessee Firearms Association. The temporary restraining order lasts until June 2, 2024, the date by which Texas, GOA, and GOF must file supplemental declarations and briefs.

The ATF’s announcement of the rule occurred on August 31, 2023. The rule redefines what it means to be “engaged in the business of selling guns,” thereby expanding the instances in which an unlicensed seller — i.e., a private citizen — must use the NICS to sell or transfer a gun. As a result, it forces many private gun sellers to use the National Instant Criminal Background Check System (NICS) to sell their guns.

The rule largely centers on guns being sold for “profit”; however, on pages 26-27, it equates “pecuniary gain” with “profit,” opening the door for the ATF to redefine the word “sale” so as to require a NICS check when a private seller is “bartering” over a gun. On page 194 of the 466-page rule, the ATF makes it clear that people who smuggle guns out of the country in order to sell them abroad now fall under the “dealer” category.

Once smugglers are officially labeled as dealers, they are required to perform all the duties that pertain to that categorization, and that includes NICS checks.

As our loyal readers, we encourage you to share your thoughts and opinions on this issue. Let your voice be heard and join the discussion below.


1 Comment

1 Comment

  1. Frank RUPEKA

    May 24, 2024 at 8:05 am

    I am not even going to address the REAL TRUTH behind this COMOOO NOSTIC LAW!!! My question I just want to sell gun ! not for PROFIT!!! Just to help some poor Soul kill some food. Since it is becoming TOO EXSPECIVE for average people to BUY!!! Pluss the cost for GAS to drive somewhere too sell at a LOST!!! Pluss I am sure this back round check is not FREE!!!!!!! PLUSS with the cost of every day products. UNLESS You own a Really big turn over gun shop??? You are are ready out of BUINESS !!!!!!! JUST ASK LOBSTERS FOR SALE, Sorry RED LOBSTER!!!!!!!!! One LAST QUESTION ?? Why does NASA– Gov. OCEANONICS. NEED TONS OF AMMO ?? Kill ALIENS ? Or is that what’s going wrong with all the LOBSTERS? GOV. Shooting them too TEST lead contamination in OCEAN?????????? WHY LIE ?? You belong to CHINA ! RUSSIA ! BILL GATES anti cow lover. WE OWN YOU< or at least all the ground you live, So do as we say or LEAVE!! My last ?? WHERE IS THERE TO GO??????????/ Frank

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