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Federal Judge Blocks ATF “Dealer in Firearms” Rule in Texas

In a significant win for gun rights advocates, a federal judge has issued a temporary restraining order (TRO) blocking the Biden Administration’s new “dealer in firearms” rule from taking effect in Texas.

U.S. District Judge Matthew Kacsmaryk, presiding in Amarillo, ruled in favor of the lawsuit brought forward by Texas Attorney General Ken Paxton, effectively halting the enforcement of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) rule, which was set to go into effect on Monday, May 20.

The controversial rule would have required many private individuals to obtain licenses and conduct background checks when selling firearms at gun shows and online, a move that gun rights groups argue infringes upon Second Amendment rights.

The restraining order also protects members of several gun rights organizations listed in the lawsuit.

“I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” Paxton said in a statement.

“This is a crucial first step in protecting the rights of law-abiding gun owners in Texas and across the country,” said Chris McNutt, President of Texas Gun Rights.

The lawsuit contends that the ATF’s rule contradicts the Bipartisan Safer Communities Act, a 2022 law that expanded the category of gun sellers required to obtain licenses.

Judge Kacsmaryk agreed with the plaintiffs, noting that the rule failed to provide a statutory exemption for individuals buying or selling firearms for personal protection, thus rendering the statute’s safe harbor provision ineffective for the majority of gun owners.

“The absurdity that the statute’s safe harbor provision provides no safe harbor at all for the majority of gun owners is clear,” Kacsmaryk wrote in his ruling.

While this battle continues being fought in the court, it is critical gun owners and all members of congress support HR 3764, introduced by Representative Andrew Clyde, which utilizes a federal mechanism to overturn this draconian and unconstitutional Biden-ATF gun registration scheme at the Congressional level.

Gun owners and supporters of the Second Amendment are urged to take action by contacting their representatives in Congress.
Contact Congress Now!
The temporary restraining order is a significant win, but the battle is ongoing. This case highlights the need to rein in and ultimately abolish the ATF, an agency that many believe operates with unchecked power and an unconstitutional mandate.
And by sending TXGR’s pre-written email to Congress, gun rights supporters can help build the momentum needed to do away with the ATF’s draconian rule — regardless of the outcome in court.
As the legal and legislative battles continue, the importance of grassroots efforts cannot be overstated. Gun owners must remain vigilant and proactive, working together to push back against federal overreach and protect their constitutional rights.

Protect Your Second Amendment Rights in the Republican Primary Runoff!

With early voting underway from May 20-24 and Election Day on May 28, it’s crucial for all Texans to know which candidates have committed their unwavering support for gun rights – and those who have fought against your Second Amendment (or have refused to take a strong stance.)

In recent years, we have seen an alarming rise in attempts to infringe upon our Second Amendment rights – by Democrats AND Republicans.

Whether it’s support for Biden’s gun control or the watering down of Constitutional Carry, incumbents who do not fully support the right to bear arms have posed a significant threat to our freedoms. 

Texans need representatives who will stand firm against any form of gun control and protect our constitutional rights, not compromise on them!

That’s why your participation in the runoff election is vital. Anti-gun RINOs (Republicans In Name Only) are vying for positions or another term so that they can pass laws that restrict your right to own and carry firearms. 

Your vote can make the difference in protecting our fundamental liberties here in Texas. 

Remember, a vote for true Second Amendment supporters is a vote for your rights, your freedom, and the future of gun ownership in Texas. 

To learn which candidates have pledged their unwavering commitment to protect and defend the Second Amendment in the May 28th Republican Primary Runoff, view our voter guide here! 

After Facing Backlash, Cornyn Backtracks on BSCA Support

In the aftermath of the implementation of the Bipartisan Safer Communities Act (BSCA), Senator John Cornyn is facing intense scrutiny from Texans and advocates for Second Amendment rights. The rule, which expands background check requirements for firearms sales, has sparked outrage among gun rights supporters, who are holding Cornyn accountable for his role in its creation.

Cornyn, who championed the BSCA in the Senate, has been under fire for his role in facilitating the ATF’s overreach. The revised definition of gun dealers under the BSCA provided the legal basis for the ATF’s expanded background check policy, a clear infringement of Second Amendment rights.

Despite his efforts to challenge the policy and distance himself from its consequences, Cornyn’s actions have not gone unnoticed by Texans. He recently vowed to file a congressional resolution of disapproval over the policy despite being one of its original sponsors. 

His betrayal of the Second Amendment cannot be forgotten. As his name continues to come up in conversations about a new Senate minority leader, make sure to send our pre-written letter to Senator Cruz opposing Cornyn’s candidacy (Cornyn is also included on the letter so he hears from his constituents on the matter.)

Joe Biden Reveals Anti-Gun Second Term Agenda

As if Biden couldn’t get any more out of touch, he recently stated on the “SmartLess” podcast that he intended to “do something about gun violence in this country”. (This is kind of an ironic name considering the fact that the three hosts agreed that “gun violence” was the biggest issue in the country). 

Up until this point, Joe has in fact, taken significant strides to something about gun violence – by working to strip law-abiding Americans of their Second Amendment rights.  

Throughout his presidency, Biden has aggressively pursued measures that undermine the Second Amendment rights of law-abiding citizens. His push for Universal Gun Registration and the closure of the so-called “gun show loophole” have only served to infringe upon these rights. Tragically, these efforts have led to disastrous consequences, such as the recent fatal shooting of a man in Arkansas during a botched ATF raid.

He also allowed Kamala Harris to create a National Gun Confiscation Resource Center and championed the Bipartisan Safer Communities Act, which infringes on our Second Amendment rights. 

Biden continued on to say, “The idea that we allow assault weapons to be sold with magazines with 100 rounds is just bizarre,” and cited his past law school teaching experience as a reason to justify that the “2nd Amendment wasn’t absolute.”

Biden’s recent remarks on the “SmartLess” podcast emphasize his disregard for the Second Amendment and the rights of law-abiding citizens. Despite claiming to address gun violence, his actions speak louder than words. The administration’s relentless pursuit of restrictive measures that undermine Second Amendment protections only exacerbates the problem. Biden’s attempt to justify his stance by questioning the absoluteness of the Second Amendment is both misguided and alarming. 

The Right to Bear Arms Should Be Universal

In light of escalating gang violence in regions like Port-au-Prince, Haiti, it becomes increasingly evident why the Second Amendment is crucial for Americans – and why other countries need a Second Amendment of their own. Many Haitian citizens are fleeing the country. However, they should have the right to defend themselves against criminal elements, including cartels.

Here in America, the Second Amendment guarantees the right to bear arms, providing citizens with a means to protect themselves, their families, and their communities. In Texas, where border security is a significant concern due to the influence of cartels, preserving this fundamental right is paramount.

Gang violence, akin to what is witnessed in Haiti, poses a serious threat to public safety. Criminal organizations often operate with impunity, terrorizing communities and undermining law enforcement efforts. Law-abiding citizens must have the means to defend themselves effectively so that they can safeguard their lives, protect their families, and preserve their communities from the tyranny of criminal elements.

Texans understand the value of self-reliance and the importance of safeguarding their liberties. The Second Amendment serves as a crucial deterrent against criminal elements, ensuring that individuals have the ability to resist tyranny and protect their lives and property.

Efforts to erode Second Amendment rights undermine Texans’ ability to defend themselves against cartels and other criminal organizations. Any attempt to restrict access to firearms only emboldens criminals and leaves law-abiding citizens vulnerable to exploitation and violence.

As responsible gun owners, Texans recognize the importance of training, education, and adherence to firearm safety measures. By upholding the Second Amendment, Texans can stand prepared to confront threats to their safety and preserve the peace and security of their communities.

The recent surge in gang violence in places like Port-au-Prince highlights the critical role of the Second Amendment in protecting Texans from similar threats. Upholding this constitutional right ensures that citizens have the tools necessary to defend themselves against cartels and other criminal elements. 

 

 

Texas Attorney General Ken Paxton Sues Biden’s ATF over Private Firearm Sales Rule

In April, Texas Gun Rights brought you the news that the Biden administration had finalized a 450-page rule through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that aimed to redefine the parameters of firearm dealers, thereby expanding the scope of Universal Gun Registration. This contentious regulation, championed by President Biden, is an infringement on constitutional rights and for its circumvention of the legislative process.

Under this new rule, private individuals who occasionally sell firearms, such as to a friend or family member, could be subjected to stringent federal firearms licensing requirements. This expansion of what constitutes a firearm dealer would effectively transform law-abiding citizens into unwitting criminals for simply exercising their Second Amendment rights.

Regulations like this not only encroach upon individual liberties but also represent a flagrant violation of constitutional rights. The Second Amendment explicitly guarantees the right of the people to keep and bear arms. This has always meant that Americans have a right to sell and purchase firearms free of big government regulation. 

Yet this ATF rule effectively imposes burdensome restrictions that undermine this fundamental right. By broadening the definition of firearm dealers, the Biden administration is effectively circumventing Congress and imposing its agenda through executive action, a move that many view as an affront to the democratic process.

Furthermore, this rule is based on misleading rhetoric, particularly the notion of closing the “gun show loophole.” This term, often invoked by anti-gun activists, oversimplifies the complexities of firearm transactions and serves as a pretext for implementing broader gun control measures. By conflating private transactions with commercial activities, the ATF rule perpetuates a false narrative that undermines the rights of law-abiding gun owners.

The unconstitutional nature of this rule has galvanized opposition from states like Texas, Louisiana, Missouri, and Utah, which have joined forces in mounting a legal challenge against the ATF. Led by Texas Attorney General Ken Paxton, this coalition of states is pushing back against what they view as federal overreach and is seeking to uphold the sanctity of the Second Amendment.

In addition to leading this charge against the Biden ATF, Attorney General Ken Paxton has vowed to hold the federal agency accountable for any additional unconstitutional actions. Paxton’s pledge to sue the ATF every time it acts unconstitutionally demonstrates his dedication to upholding the rule of law and protecting the rights of Texans. By adopting this proactive approach, Paxton aims to ensure that the ATF adheres to its mandated role and respects the constitutional liberties enshrined in the Second Amendment. His steadfast stance underscores the crucial role of state attorneys general in safeguarding individual freedoms and preserving the integrity of the U.S. Constitution.

As this legal battle unfolds, the outcome will have far-reaching implications for the future of gun rights in America. In the meantime, Texas Gun Rights is mobilizing our supporters to fight back against this overreach. Sign our petition to demand your congressman stand up for your Second Amendment rights and support HR 3764 to overturn this draconian and unconstitutional Biden-ATF gun registration scheme. 

Runoff Race of the Week: Kerwin vs. Burns

Representative Burns’ recent voting record reveals a troubling trend of undermining Second Amendment freedoms and eroding the rights of law-abiding citizens.

In 2015, Burns voted in favor of SB 11 (2015/84R), Amendment 1 (Zerwas), which expanded gun-free zones on college campuses, effectively restricting the ability of individuals to protect themselves in vulnerable situations.

Moreover, Burns continued this pattern in 2021 by opposing crucial pro-gun Amendments to strengthen the Constitutional Carry Bill (HB 1927), such as Amendment 6 (Cason), which sought to extend constitutional carry to 18-20 year olds. 

By denying this age group their right to bear arms, Burns demonstrated a disregard for the principles of the Second Amendment.

Additionally, Burns voted against Amendment 21 (Biedermann), which aimed to allow constitutional carry on college campuses, further limiting the ability of law-abiding citizens to exercise their constitutional rights.

Furthermore, Burns supported SB 728 (2023/88R), which codified parts of Joe Biden’s gun control agenda by expanding the NICS Gun Ban Registry. Of course Burns also voted to impeach America’s most pro-gun Attorney General, Ken Paxton.

To top it off, he voted to prohibit groups like Texas Gun Rights from talking about the voting records of politicians in an attempt to hide his bad votes from constituents!

These actions by Representative Burns highlight a concerning pattern of prioritizing restrictive gun policies over the rights of law-abiding citizens. It is essential for constituents to hold elected officials accountable and demand respect for the Second Amendment and the liberties it protects.

If you live in this district, call Dewayne Burns at (817) 645-3685 and tell him to start standing up for the Second Amendment!

Thankfully for gun owners, Burns’ opponent in the upcoming May 28th runoff, Helen Kerwin, has pledged her unwavering commitment to gun owners by returning her Texas Gun Rights Candidate Survey 100% pro-gun.

With her survey return, she pledged to oppose Biden’s radical gun control agenda, including Universal Gun Registration, “Red Flag” Gun Confiscation and any type of firearms bans. 

Even better, she pledged to support policies to expand Constitutional Carry for all legal adults, and pledged to fight to eliminate dangerous “gun free” criminal safety zones.

Kerwin’s campaign shows a clear contrast for gun owners in Texas House District 58.

ATF Kills Arkansas Man in Botched Raid

In the early hours of March 19th, the ATF barged into Bryan Malinowski’s home in West Little Rock, Arkansas. Video evidence shows the agents, armed and donning full tactical gear, arriving at the Arkansan’s home in 10 separate vehicles. After rushing up the driveway, their first move was to cover up the home’s security camera with a piece of tape.

This occurred after the ATF surveilled Malinowski for several days. In a statement released by his family, Bryan’s wife, Maer, expressed her belief that intruders were breaking into her home, unaware that they were government agents.

In an act of self-defense amidst uncertainty, Malinowski grabbed his pistol and walked out of his bedroom to confront the ATF agents, whom he likely perceived as a threat to his family. He fired three shots towards the agents’ feet before being lethally shot in the head. To make matters worse, the ATF ensured their tracks were covered by not using body cams during the raid. 

The Malinowski family lost Bryan because the ATF suspected he was participating in selling firearms at gun shows without a federal firearms license. However, in Arkansas and Texas, it is legal for Americans to sell guns without an FFL or conducting a background check. Nevertheless, once the ATF deems someone to have crossed a subjective line, they can quickly turn ordinary citizens into criminals.

Bryan’s attorney noted that if found guilty, the punishment would have likely been less than a prison sentence, probation, or a pre-trial diversion.

Wives will lose their husbands, children will lose their fathers, and parents will lose their sons if the ATF is not held accountable for this death and countless others.

Texas Gun Rights is dedicated to bringing you stories like these so you can join us in our mission to defend Texans’ Second Amendment rights from tyrants.  Sign our petition to abolish the ATF here!

Tennessee Passes Law Banning Local Red Flag Laws

With local elections coming up here in Texas on May 4th, it’s important for gun owners to remember how local government can affect them. This is on full display in Tennessee, where the state Senate just passed a bill to ban local governments from imposing Extreme Risk Protection Orders (ERPO’s), or better known as Red Flag gun confiscation laws. 

Red flag laws turn everyday Americans into criminals without any evidence when someone reports them for being a threat to themselves or others. If this law passes in Tennessee, every single city and government agency in the state would be prohibited from implementing ERPOs on their communities. 

This move highlights the significant impact that state legislation can have on local gun policies, underscoring the importance of paying attention to both state and local elections for gun owners.

In Texas, a bill to do the same thing was killed when RINO’s Justin Holland and Sam Harless walked out of the committee vote last session – empowering anti-gun Democrats to kill the bill. Red Flag laws have no place in Texas. That’s why TXGR will be working with Representative Briscoe Cain once again to try and ban them next session. 

This is why gun owners should be mindful of ALL candidates’ stances on gun rights and their commitment to upholding the Second Amendment. While Texas state law generally preempts local governments from passing their own gun control measures, local officials still wield influence over issues like zoning regulations for shooting ranges and firearm sales, as well as law enforcement policies related to gun ownership.

Moreover, local governments serve as crucial platforms for advocacy and representation. By engaging with local officials, gun owners can ensure that their voices are heard in shaping policies that impact their rights and safety. Whether through attending city council meetings, participating in grassroots campaigns, or supporting candidates who prioritize Second Amendment rights, gun owners can actively contribute to the political process at the local level.

As the Tennessee example demonstrates, the decisions made by local governments can have far-reaching implications for gun owners’ rights and freedoms. By staying informed, engaged, and active in local politics, gun owners can help shape policies that uphold their Second Amendment rights while promoting public safety and well-being. With local elections just around the corner, now is the time for gun owners in Texas to make their voices heard and ensure that their interests are represented at the local level.

The ATF’s Newest Scheme Against Gun Owners

April 15, 2024

The Biden administration is doubling down on its plan to implement Universal Gun Registration by using the ATF to change the definition of what it means to be a “dealer” in firearms.

We’ve been talking to you about this for months, but the new 450-page rule has now been finalized and published!

This sweeping change aims to close the so-called “gun show loophole,” a misleading term used by anti-gun activists to push their radical agenda.

Under this new rule, even private individuals who sell just ONE firearm—perhaps to a friend or family member—could be required to obtain a federal firearms license (FFL).

How absurd!

This overreaching rule could turn ordinary Texans into criminals for simply exercising their constitutional rights.

Patriot, the Biden admin is using the ATF to bypass Congress and enforce gun control measures that have failed to pass through the legislative process.

It’s a backdoor attempt to impose Universal Gun Registration under the guise of universal background checks on all gun sales — including private transactions that have traditionally been exempt.

And this was all made possible by the “Bipartisan Safer Communities Act” spearheaded by John Cornyn, Joe Biden, and Chris Murphy in 2022.

Texas Gun Rights is gearing up to fight this rule in Congress and in the courts. Make sure you are subscribed to our weekly newsletter so that we can keep you in the loop on this case! (Sign up on our home page.)