Texas and Kansas Attorneys General Sue ATF Over Gun Show Loophole
ICARO Media Group
In a joint effort, Texas Attorney General Ken Paxton and Kansas Attorney General Kris Kobach have filed a lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), challenging the Biden Administration's move to close the so-called "gun show loophole." The announcement of this legal action comes just days before the first anniversary of a tragic mass shooting in Allen, Texas.
At a press conference held at the Frisco Gun Club, Paxton expressed his opposition to President Biden's gun control measures, stating, "We will not let Biden continue this tyrannical abuse of power. His war on Second Amendment rights must be stopped." The location of the conference holds a somber reminder of the need for gun reform, as it is within close proximity to the Allen Premium Outlets, where eight people lost their lives in a mass shooting last year.
Voices calling for meaningful action on gun reform echo in the community, with Alissa Wallace, the president of the Collin County Moms Demand Action chapter, urging lawmakers to listen. Wallace emphasized the urgency by stating, "We need our lawmakers to realize that human beings, and people, Texans, their constituents are being gunned down. And we need that to get through to them so that they can step up and actually take meaningful actions."
The focus of the lawsuit by Paxton and Kobach is to block a new ATF rule that would require all gun sellers, including those at gun shows and private transactions, to be federally licensed and conduct federal background checks on purchasers. The motive behind this rule change is to close loopholes that allowed individuals to legally acquire firearms without undergoing a background check, similar to the case of Allen gunman Mauricio Garcia, who obtained his weapons through private sales.
Under the new rule, Garcia would have been subjected to a background check due to his history of mental health issues and disqualification from the U.S. Army. Supporters argue that the regulation is a necessary step to enhance public safety and prevent the acquisition of firearms by individuals who pose potential risks.
Paxton argues that the rule represents federal overreach, violating the constitution and infringing upon Second Amendment rights. The lawsuit aims to challenge the ATF's authority to issue such regulations.
The upcoming change, set to go into effect on May 20, stems from the Bipartisan Safer Communities Act, enacted in June 2022, which expanded the definition of a gun dealer. President Biden's executive order last March called for the Department of Justice to address background check loopholes.
Steven Dettelbach, the director of the ATF, has defended the rule, stating that it will ensure all firearms dealers are federally licensed and conduct background checks. These measures not only aid in crime prevention but also enable the tracking of firearms used in illegal activities, including mass shootings.
While Texas legislators have recently relaxed gun restrictions with the enactment of the constitutional carry law, polls indicate that a majority of Texans support gun reforms, including raising the age to purchase firearms to 21. A survey conducted by the Texas Politics Project at the University of Texas at Austin revealed that 73% of Texans back such a measure, with support spanning both Democrats and Republicans.
Critics argue that resistance to gun reforms by some lawmakers is due to their association with the influential gun lobby. Campaign finance data shows that Governor Greg Abbott, Paxton, and Kobach have received financial support from the National Rifle Association.
Paxton and Kobach's federal lawsuits have garnered support from Louisiana, Mississippi, and Utah, with all plaintiffs seeking a preliminary injunction.
As the legal battle unfolds, the issue of gun control remains contentious, with advocates emphasizing the urgency of addressing the "gun show loophole" to ensure public safety, while opponents argue that the regulations infringe upon Americans' constitutional rights.
For further information or tips, readers are encouraged to email Caroline Love at clove@kera.org.
Caroline Love is a Report For America Corps member for KERA News, whose impactful reporting is made possible by the generous support of its members.