By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Concealed RepublicanConcealed Republican
  • Home
  • Latest News
  • Guns
  • Politics
  • Videos
Reading: Judge Denies Stay in Lawsuit Challenging ATF’s Rule on Gun Sales
Share
Notification Show More
Font ResizerAa
Font ResizerAa
Concealed RepublicanConcealed Republican
  • News
  • Guns
  • Politics
  • Videos
  • Home
  • Latest News
  • Guns
  • Politics
  • Videos
Have an existing account? Sign In
Follow US
  • Advertise
  • Advertise
© 2022 Foxiz News Network. Ruby Design Company. All Rights Reserved.
Concealed Republican > Blog > News > Judge Denies Stay in Lawsuit Challenging ATF’s Rule on Gun Sales
News

Judge Denies Stay in Lawsuit Challenging ATF’s Rule on Gun Sales

Jim Taft
Last updated: February 27, 2025 7:07 pm
By Jim Taft 4 Min Read
Share
Judge Denies Stay in Lawsuit Challenging ATF’s Rule on Gun Sales
SHARE

One of the last attacks Joe Biden’s ATF launched against gun owners was perhaps the most egregious of his administration; a redefining of who is “engaged in the business” of dealing firearms so broad and sweeping that merely offering a single gun for sale from a private collection could turn a gun owner into an “unlicensed gun dealer”, even if no sale actually took place. 

The rule is still in effect for now, though a U.S. District Court judge issued a temporary injunction last May that precludes the federal government from enforcing the rule against the plaintiffs in a lawsuit challenging the regulation. After Donald Trump issued his executive order calling on Attorney General Pam Bondi to (among other things) review the rules promulgated by the Department of Justice and the ATF during Biden’s term in office, the DOJ requested a stay in the litigation; essentially halting the case until the review has been completed and recommendations have been made. 

In a brief order on Wednesday, U.S. District Judge Matthew J. Kacsmaryk denied the government’s request, citing two reasons:

First, the Executive Order relevant to the instant case requires only that the Attorney General review rules promulgated by the ATF and propose a plan — these actions fail to present any substantial or imminent threat to the instant litigation. Defendants have failed to meet their burden of showing how mere consideration of the final rule at issue justifies an exercise of the Court’s judicial discretion. 

Second, a motion to stay filed during the later stages of litigation is not viewed favorably. Here, the case is not in its early stages; there are nearly130 entries in the ECF docket including cross-motions for summary judgment, numerous pro hac vice admissions, intervention motions, and other extensive briefing. The late stage of the proceedings in this case disfavors a stay.

The results of Bondi’s review are due in about two weeks, and if she decides that it’s not in the government’s interest to continue to defend the ATF rule and/or the Trump administration moves to formally rescind the rule the DOJ can let the government know its intentions. In the meantime the case will continue in Kacsmaryk’s court, and the next deadilne is fast approaching. On Monday the plaintiffs are due to file their briefs opposing a motion by a group of Democrat attorneys general led by New Jersey AG Matthew Platkin, who are seeking to defend the rule if the DOJ decides to drop its opposition to the lawsuit. 

It would be highly unusual for the court to grant that request, especially since the Trump administration has the authority to rescind the rule, and I’d be shocked if Kacsmaryk gives the anti-gun AGs what they’re asking for. Thanks to Wednesday’s ruling, we shouldn’t have long to wait to see if the judge denies the request, and we’ll also likely know within the next few weeks if the Trump administration plans on formally repealing the rule treating almost every gun owner who wants to sell a firearm from their personal collection as a gun dealer subject to a host of other rules and regulations.  

Read the full article here

You Might Also Like

Love endures: Phil and Miss Kay Robertson reunite in care facility amid health struggles

Frantic 911 call captures moments after North Carolina sledding accident

Airbnb deploys ‘anti-party technology’ for Memorial Day, Fourth of July summer weekends

Democrats can’t figure out where to stand or when to fight

NASCAR Xfinity Series: Austin Hill wins controversial race

Share This Article
Facebook X Email Print
Previous Article DeSantis reacts to Byron Donalds officially entering governor’s race DeSantis reacts to Byron Donalds officially entering governor’s race
Next Article Senate Dems’ Big Talk About Fighting Inflation Turns Out To Be Just That Senate Dems’ Big Talk About Fighting Inflation Turns Out To Be Just That
Leave a Comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

- Advertisement -
Ad image

Latest News

Federal judge temporarily orders prisons to provide ‘transgender’ therapy despite Trump order
Federal judge temporarily orders prisons to provide ‘transgender’ therapy despite Trump order
News
Wisconsin man accused of forging Trump threat letter to get migrant deported
Wisconsin man accused of forging Trump threat letter to get migrant deported
News
Chicago Gun Offender Registry Critiqued by Watchdog
Chicago Gun Offender Registry Critiqued by Watchdog
Guns
Jake Tapper Admits Media Took Orders From Democrats for Decades [WATCH]
Jake Tapper Admits Media Took Orders From Democrats for Decades [WATCH]
Politics
NEW: State & DHS  Revoke Visas for Boulder Terrorist Family, Detained for Deportation
NEW: State & DHS Revoke Visas for Boulder Terrorist Family, Detained for Deportation
Politics
Senate Dems’ Big Talk About Fighting Inflation Turns Out To Be Just That
Dan Goldman Really Upset That ICE Agents Wore Masks When Making Arrests
Politics
© 2025 Concealed Republican. All Rights Reserved.
  • Privacy Policy
  • Terms of use
  • Press Release
  • Advertise
  • Contact
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?