On Monday, Representative Vikki Goodwin (D-Austin) voiced her opposition to Attorney General Ken Paxton’s successful effort to get a federal judge to temporarily block a recent Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) rule. 

The temporary block prevents the rule from taking effect while the case is litigated in court. 

In a statement, Goodwin said, “the recent action by Attorney General Ken Paxton, securing  a temporary restraining order from a federal judge to block the Biden Administration's new ATF rule, is a profound disappointment and a direct affront to the safety and well-being of all Texans.” 

After the ruling, Attorney General Ken Paxton responded, “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.” 

According to the ATF, the new rule was signed by Attorney General Merrick Garland in April. The rule amends regulations enforced by ATF and “implements the provisions of the Bipartisan Safer Communities Act (BSCA), which broadened the definition of when a person is considered ‘engaged in business’ as a dealer in firearms. 

Paxton argues that the rule “was arbitrary and capricious and flagrantly violated the Second Amendment.” 

Goodwin said, “this ATF rule, aimed at closing the gun show loophole and requiring background checks for all gun sales, is a critical step towards ensuring firearms do not end up in the wrong hands.”