Texas Scorecard By Sydnie Henry April 24, 2026
Attorney General Ken Paxton argued the rule undermined the Second Amendment by criminalizing private gun sales.Attorney General Ken Paxton is touting a major win for gun owners after the Trump Department of Justice backed off defending a Biden-era rule that targeted private firearm sales. The move leaves in place a court injunction that blocks enforcement of the regulation in Texas and other plaintiff states while litigation continues.
The Bureau of Alcohol, Tobacco, Firearms and Explosives’ “engaged in the business” rule—pushed under the Biden administration—sought to dramatically expand who counts as a “dealer” under federal law.
By redefining the term, the rule would have forced many ordinary gun owners who occasionally sell firearms to obtain a federal license and run background checks or risk civil and criminal penalties.
Second Amendment advocates and multiple states argued the rule effectively created back-door universal background checks, criminalizing private, non-commercial transactions that Congress has historically protected. They also warned that the policy flipped the presumption of innocence, presuming gun owners were “engaged in the business” unless they could prove otherwise.
In May 2024, Paxton led a multistate coalition suing the Biden administration and ATF over the rule, arguing it exceeded the agency’s authority and violated the Second Amendment.
More:
https://texasscorecard.com/state/doj-drops-defense-of-biden-era-gun-rule-texas-fought/
