Court Shoots Down Biden’s Ban Of ‘Gun Show Loophole’ In 4 States

Former Vice President Joe Biden mimics shooting a gun as he speaks at the Chuck Hagel Forum in Global Leadership, on the campus of the University of Nebraska-Omaha, in Omaha, Neb., Thursday, Feb. 28, 2019. (AP Photo/Nati Harnik)

A federal court ruled that the Biden administration’s rule that requires background checks to be performed on most firearms sold at gun shows cannot be enforced in four states.

The ruling expands a May 2024 decision that blocked the rules from going into effect in Texas. Now, the Biden administration cannot enforce the rules in Louisiana, Mississippi and Utah, in addition to Texas.

Attorneys general in the four states say that the rules “abridge Americans’ constitutional right to privately buy and sell firearms.”

Previous rules required licensed gun dealers to perform criminal background checks on purchasers, but private sales were exempted. The new rule intends to require those who sell guns to earn a profit to obtain a license and register as a dealer.

The White House said that if a person is repetitively selling guns of the same or similar make and model within one year of their purchase, they are supposed to become a licensed dealer. The Bureau of Alcohol, Tobacco, Firearms and Explosives would be tasked with enforcing the new rule.

The Biden administration said the rule closes the gun show “loophole.” The new rules went into effect in May.

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