(LibertySons.org) – The Bureau of Alcohol, Tobacco and Firearms (ATF) issued a new rule in April that redefined who is considered a gun seller. More than a dozen states sued to stop the new rule from taking effect. A federal judge recently refused to block the regulation.
On July 10, US District Judge Toby Crouse refused to issue an injunction against the rule while the lawsuit winded its way through the courts. The lawsuit was filed by 20 states, including Kansas Attorney General Kris Kobach, a Witchita association for firearms collectors, and three gun collectors. Kobach argued the new rule was too vague and could criminalize private gun sales.
The new rule requires anyone who makes a profit from selling guns to register as a licensed firearms dealer. Under the new rule, they would have to run background checks on buyers. The regulation is an attempt to close the so-called “gun show loophole.”
To obtain an injunction, the plaintiffs had to prove there would be irreparable harm if it were denied, that they had a high probability of winning the case, that an injunction would not be adverse to the interests of the public, and that the harm of not issuing one outweighs the harm to the defendant. Crouse said there are questions about the rule but that he wasn’t sure the plaintiffs would win the case.
The judge said that while Kobach and the others might “ultimately succeed on the merits, they have failed to make a strong showing that they are substantially likely to do so.” He also determined the injuries cited by the plaintiffs are speculative. He also criticized some of the states that joined for failing to show that they had standing.
The Eastern District of Arkansas federal court previously rejected the case. It was then moved to Kansas and landed in front of Crouse. Kobach issued a statement saying the case was still in its early stages and that he believed it would be struck down.
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