Texas Attorney General Claims Victory as Federal Appeal Dropped in Gun Rule Case
April 27, 2026 – Texas Attorney General Ken Paxton is declaring a significant legal victory after the federal government moved to dismiss its appeal of a court injunction blocking a controversial firearm regulation introduced during the Biden administration.
The rule, issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), sought to broaden the definition of who qualifies as a firearms “dealer” under federal law. Critics argued that the expanded definition would have required many private individuals who occasionally sell firearms to obtain federal licenses and conduct background checks, or risk civil and criminal penalties.
For decades, federal law has distinguished between licensed dealers and private sellers, allowing certain non-commercial firearm transactions without the same regulatory requirements. Opponents of the rule, including Paxton and a coalition of states, contended that the ATF exceeded its statutory authority by effectively rewriting that distinction without congressional approval.
In 2024, Paxton led a multistate lawsuit challenging the regulation. A federal court granted a temporary restraining order, followed by a broader injunction preventing enforcement of the rule in states involved in the lawsuit. The court indicated the regulation likely conflicted with federal law, raising concerns that it could shift the burden onto gun owners to prove lawful conduct.
The case took a new turn when the U.S. Department of Justice under the Trump Administration opted to drop its appeal of the preliminary injunction. The decision effectively leaves the injunction in place and halts further defense of the rule in court.
Paxton praised the move, stating that the outcome protects constitutional rights under the Second Amendment to the United States Constitution and prevents what he described as federal overreach into lawful private firearm sales.
Supporters of the original rule had argued it was intended to close loopholes and ensure more consistent background checks, while opponents maintained it imposed undue burdens on law-abiding citizens. With the appeal now dismissed, the legal challenge appears resolved for the time being, though broader debates over firearm regulation and federal authority are expected to continue.
