Federal Judge Matthew Kacsmaryk said that the Biden administration could not implement a policy against Texas or members of multiple gun rights groups that require individuals who “earn a profit” selling guns to conduct background checks and have a federal firearms license no matter where or how they sell their merchandise.

In his 14-page ruling, Kacsmaryk said that the rule likely violates the Administrative Procedure Act (APA) and was not in alignment with the “Bipartisan Safer Communities Act,” (BSCA) which the Justice Department cited in its justifications for implementing the policy. He said that because of this determination, evaluating the other arguments made against the rule was unnecessary. 

“Plaintiffs understandably fear that these presumptions will trigger civil or criminal penalties for conduct deemed lawful just yesterday,” the judge wrote. “Other Plaintiffs face both civil and criminal enforcement actions for engaging in conduct that the BSCA permits but the Final Rule impermissibly forbids.”