Ken Paxton strikes again: Texas AG secures restraining order against Biden ATF’s ‘Final Rule’

by WorldTribune Staff / 247 Real News May 22, 2024

Texas Attorney General Ken Paxton announced on May 19 that he has secured a temporary restraining order stopping the Biden administration from instituting the ATF’s “Final Rule” which seeks to mandate when a person is “engaged in the business” as a dealer in firearms at wholesale or retail.

Texas Attorney General Ken Paxton

On May 1, Attorney General Paxton led a coalition suing the ATF to prevent the new regulatory restriction that he said “unlawfully attempted to abridge Americans’ constitutional right to privately buy and sell firearms.”

The Final Rule “was arbitrary and capricious and flagrantly violated the Second Amendment,” Paxton said. “Despite Congress having recognized the legality of private firearms sales by non-dealers, the Biden Administration issued a new regulation that would subject hundreds of thousands of law-abiding gun owners to presumptions of criminal guilt for engaging in constitutionally protected activities.”

A federal district court has halted the implementation of the ATF rule until June 2 so that hearings may be held.

“I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” said Paxton. “The Biden administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment.”

The restraining order explained that Texas and the co-plaintiffs, “understandably fear that these presumptions will trigger civil or criminal penalties for conduct deemed lawful just yesterday. Nevertheless, ATF avers that its ‘knowledge of existing case law’ and ‘subject-matter expertise’ will prevent misuse or abuse of the presumption.… in other words, ‘just trust us.’ … For the forgoing reasons, Plaintiffs are substantially likely to succeed on the merits.”

During a stop in Dallas on Saturday, former President Donald Trump said if he wins back the White House he is considering Paxton for U.S. Attorney General.

“He’s very, very talented,” Trump said of Paxton. “I mean, we have a lot of people that want that one and will be very good at it. But he’s a very talented guy.”

“I fought for him when he had the difficulty, and we won,” Trump said of the recent effort by Texas RINOs and Democrats to impeach Paxton. “He had some people really after him, and I thought it was very unfair. He’s been a very good attorney general.”


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