Court Grants TRO Against Biden’s Universal Registration Check Rule

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Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) secured a temporary restraining order (TRO) against the Biden administration’s new Universal Registration Check rule.

This rule could require anyone selling a single gun in a year to obtain a Federal Firearms License and conduct background checks.

The rule was set to take effect on May 20th, but the TRO prevents its enforcement against the individual plaintiff, citizens of Texas, and members of GOA, GOF, the Tennessee Firearms Association, and the Virginia Citizens Defense League.

However, the TRO does not apply to Louisiana, Mississippi, and Utah, which were co-filers in the original suit.

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Erich Pratt, GOA’s Senior Vice President spoke about this latest development in a press release obtained by GunsAmerica.

“President Biden and his anti-gun administration have aggressively pursued an agenda meant to harass, intimidate, and criminalize gun owners and dealers at every turn,” said Pratt. “This ruling is a compelling rebuke of their tyrannical and unconstitutional actions that purposely misinterpreted federal law to ensure their preferred policy outcome.”

“We will continue the fight to ensure that this administration never succeeds in their goal of building a comprehensive database of firearm transaction records, which this rule would have been critical to accomplishing,” he added.

Court’s Ruling

In a memorandum opinion and order, Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northern District of Texas partially granted the plaintiffs’ motion for a TRO.

The court found that the plaintiffs Texas, Jeffery Tormey, and several organizations including GOA and GOF demonstrated standing and were likely to succeed on the merits of their claim that the new rule violates the Administrative Procedure Act (APA).

The court pointed out that the rule’s definition of “engaged in the business” of dealing firearms contradicts statutory language by including occasional sales and single transactions under its purview.

Additionally, the rule’s presumptions would require gun owners to prove their innocence, contrary to established legal principles.

Impact of the TRO

The TRO prevents the enforcement of the new rule through June 2, 2024, for the named plaintiffs.

This decision allows for orderly judicial review without the immediate threat of enforcement actions that could result in significant economic losses and other irreparable harms to the plaintiffs.

Ongoing Fight

GOA and GOF pledge to continue fighting against what is a clear overreach by the Biden administration.

Their goal is to prevent the establishment of a comprehensive firearm transaction database, which this rule was crucial to achieving.

As always, stay tuned for updates.

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  • duck life June 3, 2024, 4:46 am

    Gun Owners Foundation (GOF) and Gun Owners of America (GOA) won a temporary restraining order (TRO) opposing the new “Universal Registration Check” regulation of the Biden administration.

  • Frank May 25, 2024, 6:40 am

    “The TRO prevents the enforcement of the new rule through June 2, 2024, for the named plaintiffs.”

    All the way through next week!?!… Gee, that’s helpful.

  • Kane May 23, 2024, 9:52 am

    The fake POTUS (genuine POS) wants firearm transaction in the US to involve Federal Licensing and background checkes because he has total contempt for the common US citizen. Meanwhile this criminal Administration is one of the largest arms, human and drug traffickers in history.

    I watched Robert De Niro unloading liteny of insults against against Trump recently. A long time ago, I held De Niro in such high regard mostly for the character he played in “The Deer Hunter.” All I know now is this angry old man is saying repeatedly that he would never play Trump as a character because there are no redeeming qualities for this wealthy generous man and he wants current occupant of the WH to remain in power. De NMiro has played the worst criminals including rapists, drug deaters and murders but Trump is a role to evil to play?

    Recently De Niro’s nephew died of a toxic comdination of drugs including fentanyl which this administration is letting pour over the border through a China and Mexico joint venture. De Niro support the man who refuses to slow this smuggling operation of fentanyl. Likewise members of the Kennedy famiy attended a WH event supporting this CIA puppet administration. The Kennedy family spits in the fact of Robert Jr. and supports the power base that killied JFK and RFK. The Demsheviks are an occultist cult.

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