Attorney General Ken Paxton has secured a major legal victory protecting gun owners from a Biden Administration rule that expanded federal oversight of private firearm sales, per a press release issued on Friday.
The Trump administration has moved to dismiss its appeal of a preliminary injunction, keeping the rule blocked while the case returns to the district court. The development preserves the ability of law-abiding citizens to buy and sell firearms privately without triggering dealer licensing requirements.
Attorney General Ken Paxton Secures Legal Victory to Protect Gun Owners from Federal Overreach by Blocking Biden-Era Gun Sale Rule: https://t.co/IiZC0NqAVO
— Texas Attorney General (@TXAG) April 24, 2026
In May 2024, Paxton led a multistate coalition in suing the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) over its final rule redefining when a person is “engaged in the business” of dealing in firearms. The rule, implementing parts of the 2022 Bipartisan Safer Communities Act, broadened the definition and threatened to require background checks and federal licensing for many occasional private sales.
Federal courts issued a temporary restraining order and then a preliminary injunction, finding the rule likely exceeded ATF’s authority and improperly shifted the burden of proof onto gun owners.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a federal law enforcement agency within the Department of Justice responsible for enforcing federal firearms laws, among other duties. Congress has long distinguished between licensed dealers and private individuals who occasionally sell from personal collections.
The challenged rule, finalized in April 2024 and effective May 20, 2024, clarified the criteria for when repetitive buying and selling with the intent to earn profit requires a federal firearms license. Opponents argued it created vague standards that could criminalize lawful private transactions between individuals.
Attorney General Paxton stated in the April 24, 2026, press release the following:
“The Second Amendment is a cornerstone of American freedom, and I will never allow it to be undermined by unlawful federal overreach. This Biden-era rule was a blatant attempt to violate our Constitution and criminalize law abiding Americans for engaging in lawful private firearm sales. I am proud to have led this coalition to stop it, and I fully support the Trump Administration’s decision to abandon this appeal and restore the rule of law for gun owners across the country.”
The preliminary injunction currently prevents enforcement of the rule in the plaintiff states, noted GOA. With the appeal dismissed, the case returns to the U.S. District Court for further proceedings, potentially leading to a permanent block.
The case involves multiple states and Gun Owners of America as co-plaintiffs. Similar challenges to ATF rulemaking have centered on whether the agency can expand licensing requirements without clear congressional authorization.
The injunction remains in place as litigation continues toward a final judgment.
