{"id":2293720,"date":"2024-07-12T17:43:01","date_gmt":"2024-07-12T21:43:01","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/federal-judge-hands-biden-big-win-refuses-to-block-nationwide-gun-control-rule\/"},"modified":"2024-07-12T17:47:42","modified_gmt":"2024-07-12T21:47:42","slug":"federal-judge-hands-biden-big-win-refuses-to-block-nationwide-gun-control-rule","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/federal-judge-hands-biden-big-win-refuses-to-block-nationwide-gun-control-rule\/","title":{"rendered":"Federal Judge Hands Biden Big Win, Refuses to Block Nationwide Gun Control Rule"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">26<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Ffederal-judge-hands-biden-big-win-refuses-to-block-nationwide-gun-control-rule%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2293720&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>A federal judge in \u2063Kansas has refused\u200b to\u200b block the nationwide\u200c enforcement of\u200c a Biden administration\u2063 rule \u200drequiring firearms dealers to do background checks of buyers at gun shows. This ruling \u200dleaves Texas as the only state where a legal challenge has succeeded. The rule, aimed at disallowing the sale\u200d of tens of\u2063 thousands of guns without <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/congressman-jamie-raskin-wants-to-tax-your-guns-if-he-cant-ban-them\/\" title=\"Congressman Jamie Raskin Wants To Tax Your Guns If He Can\u2019t Ban Them\">extensive background checks<\/a>, \u200chas faced opposition from critics who argue it\u200d violates gun rights protected by \u2062the \u2062Second Amendment. However, the judge in Kansas, appointed by former President Donald\u2062 Trump, ruled\u200c that \u200cthe arguments against the rule were too speculative and did not show strong grounds to succeed in their lawsuit. This ruling contrasts with a decision made by a \u200cjudge in\u200c Texas who blocked the enforcement of the rule in that state.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><br \/>\n<!DOCTYPE html PUBLIC \"-\/\/W3C\/\/DTD HTML 4.0 Transitional\/\/EN\" \"http:\/\/www.w3.org\/TR\/REC-html40\/loose.dtd\"> <?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><html><body><\/p>\n<header> <a href=\"https:\/\/www.westernjournal.com\/news\/\">  News <\/a>   <span> <\/p>\n<p><a href=\"https:\/\/www.westernjournal.com\/author\/ap-reports\/\">  <\/a> <\/p>\n<p> <span>   By <a href=\"https:\/\/www.westernjournal.com\/author\/ap-reports\/%20\"><span>The Associated Press<\/span><\/a> <\/span> <span>   July 12, 2024 at 12:59pm <\/span> <\/span>  <\/header>\n<section>\n<p>A federal judge in Kansas has refused to block the nationwide enforcement of a <a href=\"https:\/\/www.westernjournal.com\/biden-administration-accused-intervening-kill-bipartisan-bill-aimed-holding-white-house-accountable\/\" target=\"_blank\" rel=\"noopener\">Biden administration<\/a> rule requiring firearms dealers to do background checks of buyers at gun shows, leaving Texas as the only state so far where a legal challenge has succeeded.<\/p>\n<p>U.S. District Judge Toby Crouse\u2019s ruling this week came in a lawsuit brought by Kansas and 19 other states, three individual gun collectors and a Wichita, Kansas-based association for collectors.<\/p>\n<p>They sought an order preventing the Bureau of Alcohol, Tobacco, Firearms and Explosives from enforcing the rule that took effect in May through the trial of their lawsuit.<\/p>\n<p><a href=\"https:\/\/apnews.com\/article\/biden-gun-show-background-checks-lawsuit-25b1d7eb7711939e73bee89838f4c318\">Twenty-six states<\/a> with Republican attorneys general, <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/california-faces-legal-challenges-after-imposing-dozens-of-gun-control-measures\/\" title=\"California faces legal challenges over numerous gun control measures.\">gun owner groups<\/a> and individual gun collectors filed three federal lawsuits in May against the Biden administration.<\/p>\n<p>The rule is an attempt at disallowing tens of thousands of guns to be sold every year by dealers without extensive background checks.<\/p>\n<p>It applies not only to gun shows but also to other places outside brick-and-mortar firearms stores.<\/p>\n<p>Critics contend the new rule violates gun rights protected by <a href=\"https:\/\/www.westernjournal.com\/federal-judge-smacks-california-gun-law-calls-repugnant-second-amendment\/\" target=\"_blank\" rel=\"noopener\">the Second Amendment<\/a> and that Democratic President Joe Biden\u2019s administration doesn\u2019t have the legal authority to issue it.<\/p>\n<p>They also argue that the rule will depress gun sales, making firearms less available to collectors and costing states tax revenues.<\/p>\n<p>But Crouse, an appointee of former President Donald Trump, said in his ruling Wednesday that predictions of harm to the states, gun collectors and groups are too speculative and create doubts that they actually have grounds to sue.<\/p>\n<p>He said such doubts undermine their argument that they are likely to win their lawsuit \u2014 a key question for the courts in deciding whether to block a rule or law ahead of a trial.<\/p>\n<p>\u201cWhile they may ultimately succeed on the merits, they have failed to make a strong showing that they are substantially likely to do so,\u201d Crouse wrote.<\/p>\n<p>Crouse\u2019s ruling contrasts one from another Trump appointee in Texas before the rule took effect.<\/p>\n<p>U.S. District Judge Matthew Kacsmaryk blocked its enforcement in that state and against members of four groups, including Gun Owners of America. But Kacsmaryk didn\u2019t block it in three other states that joined Texas in its lawsuit \u2014 Louisiana, Mississippi and Utah.<\/p>\n<p>Florida filed a lawsuit in federal court there, but a judge has yet to rule.<\/p>\n<p>The states also sued U.S. Attorney General <a href=\"https:\/\/www.westernjournal.com\/watch-jim-jordan-uses-special-counsel-report-repeatedly-hammer-merrick-garland-house-floor\/\" target=\"_blank\" rel=\"noopener\">Merrick Garland<\/a>, the U.S. Department of Justice and the ATF\u2019s director. The DOJ declined to comment Friday on Crouse\u2019s ruling.<\/p>\n<p>Phil Journey, one of the gun collectors involved in the Kansas case, said he doesn\u2019t know whether Crouse\u2019s ruling will be appealed.<\/p>\n<p>\u201cI am confident the rule and perhaps the underlying statute will ultimately be voided,\u201d Journey, a former Kansas state senator who\u2019s now a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/judge-bars-official-who-took-part-in-jan-6-from-seeking-or-holding-office\/\" title=\"Judge Bars Official Who Took Part in Jan. 6 From Seeking or Holding Office\">state district court judge<\/a> in Wichita, said in a text.<\/p>\n<p>Kansas Attorney General Kris Kobach also said in a statement that he expects the rule ultimately to be struck down.<\/p>\n<p>\u201cThis is a very early stage in a case that is likely to continue for a long time unless President Trump is elected and immediately rescinds the rule,\u201d Kobach said.<\/p>\n<p>In the lawsuit before Crouse, Kansas was joined by Alabama, Alaska, Georgia, Idaho, Indiana, Iowa, Kentucky, Montana, Missouri, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Virginia, West Virginia and Wyoming.<\/p>\n<p>The lawsuit originally was filed in federal court in Arkansas, with that state also suing.<\/p>\n<p>But in ruling just days after the rule took effect, U.S. District Judge James Moody Jr., an appointee of former President Barack Obama, said Arkansas had no standing to sue because its argument that it could <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/shapiro-debunking-bidens-covid-lies\/\" title=\"SHAPIRO: Debunking Biden\u2019s COVID Lies\">lose tax revenue<\/a> was too speculative. Moody then transferred the case to Kansas.<\/p>\n<p>The Western Journal has reviewed this Associated Press story and may have altered it prior to publication to ensure that it meets our editorial standards.<\/p>\n<\/section>\n<p><\/body><\/html><br \/>\n<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A federal judge in Kansas has denied a request to stop the nationwide implementation of a Biden administration rule that requires background checks for gun buyers at gun shows. This ruling leaves Texas as the only state where a legal challenge against the rule has been successful. The lawsuit was brought by Kansas and 19 other states, as well as individual gun collectors and a collectors&#8217; association. The rule, which went into effect in May, aims to prevent the sale of guns without thorough background checks at gun shows and other locations outside of traditional gun stores. Critics argue that the rule infringes on Second Amendment rights and exceeds the administration&#8217;s legal authority. Despite these arguments, the judge, appointed by former President Trump, ruled that the plaintiffs did not provide enough evidence to show they are likely to win the lawsuit. This decision contrasts with a ruling by a Texas judge, also appointed by Trump, who blocked the rule&#8217;s enforcement in that state. Other states have filed similar lawsuits, with varying outcomes. The Department of Justice has not commented on the Kansas ruling. One of the gun collectors involved in the case expressed confidence that the rule will ultimately be overturned. Kansas Attorney General also expects the rule to be struck down eventually. The lawsuit included 19 other states and was originally filed in Arkansas before being transferred to Kansas<\/p>\n","protected":false},"author":136,"featured_media":2293721,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.westernjournal.com\/wp-content\/uploads\/2024\/07\/7014db7cf02b4cb889acc9fc5136580f-scaled-e1720816274590.jpg","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[3620,33791,16596,10592,7627],"class_list":["post-2293720","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-biden","tag-federal-judge","tag-gun-control","tag-nationwide","tag-win"],"fifu_image_url":"https:\/\/www.westernjournal.com\/wp-content\/uploads\/2024\/07\/7014db7cf02b4cb889acc9fc5136580f-scaled-e1720816274590.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2293720","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/136"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2293720"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2293720\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2293721"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2293720"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2293720"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2293720"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}