This week, the Biden administration is set to take action against unlicensed firearms dealers who contribute to the illegal market.
Licensed dealers are currently required to conduct background checks and keep records of firearms sold, including details such as make, model, and serial numbers. However, this requirement does not apply to hobbyists and occasional sellers. According to justice officials, this loophole allows for the sale of numerous guns at gun shows and through online platforms without proper oversight.
The new rules provide a clearer definition of individuals who are required to join the existing group of 80,000 federal firearms licensees and comply with the current legislation.
The anticipated outcome is that there will be at least 20,000 more gun sellers who will be obligated to conduct instant background checks. This measure aims to prevent them from selling firearms to individuals who are felons, domestic abusers, or other prohibited buyers. According to the new rule, even a solitary firearm transaction can necessitate obtaining a license, especially if there are indications of engaging in commercial activity.
The regulations establish a fresh benchmark to determine which sellers are considered “engaged in the business” and therefore required to conduct background checks. This rule was included in the Bipartisan Safer Communities Act, which was signed into law in 2022, and was also addressed in an executive order issued last year. According to Justice officials, these regulations will come into effect within 30 days of being published in the Federal Register.
Who is now required to do a background check?
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The new standard sets a clear boundary for individuals who are primarily engaged in the business of selling firearms for profit. It offers specific examples of key indicators to determine if someone falls into this category. For instance, if a gun-seller utilizes merchant services like a credit card machine, regularly rents space at gun shows, or consistently buys and sells firearms, they are now classified as a dealer and are required to conduct background checks.
The new rule does have some exceptions. For instance, bona fide collectors will still be able to sell a portion of their inventory. Additionally, it will still be possible to give guns as gifts to family members. The rules also acknowledge that personal sales related to hobbies such as hunting or sport shooting will not be affected.
The criteria for gun dealers have always been applicable to individuals who are “actively involved in the trade.” The key concern has always revolved around interpreting the meaning of this phrase.
Gun control groups and Democrats have urged the government to redefine the term “engaged in the business” by considering the number of sales, such as five in a year, rather than the previous standard that defined a dealer as someone selling for “profit and livelihood.”
Instead, officials decided to use the phrase “predominantly earns a profit” to describe the dealers. They also included specific examples that assist in identifying these dealers.
Some oppose new rules on gun dealers
Since the agency published the proposed rule in August, they have carefully reviewed almost 388,000 comments, the majority of which were in support of the proposal.
Vice President Kamala Harris emphasized that every individual in our country deserves to live without the devastating impact of gun violence. She debunked the misconception that one must either support the Second Amendment or advocate for gun confiscation.
The new rules are being implemented right before the 25th anniversary of the Columbine shooting in Colorado on April 20th. During that tragic event, the two shooters were able to obtain firearms without undergoing a background check. Shockingly, some of these firearms were purchased from an unlicensed seller at a gun show five months prior to the massacre.
According to ATF Director Steve Dettelbach, he emphasized that the proposed measures do not violate the Second Amendment rights of individuals. He pointed out that licensed dealers are already following the existing rules and regulations. These dealers maintain transaction records, use serial numbers, and collaborate with the ATF to report any suspicious activities. It’s important to note that not every person selling a gun is required to have a license. The decision to implement universal background checks lies with Congress, as requested by the president and vice president.
In a recent firearm trafficking report, the ATF revealed that over a span of five years, more than 68,000 guns were funneled through unlicensed dealers. This staggering number accounted for over half of all illegally trafficked firearms in the country and was directly linked to 368 shooting cases, according to Dettelbach.
Some gun industry groups expressed their opposition to the new regulation and submitted comments. The National Shooting Sports Foundation, the main trade group in the industry, stated that the rule was an overreach and submitted a 28-page comment opposing it.
Larry Keane, Senior Vice President of the NSSF, expressed that the ATF does not have the power to modify or enhance the laws established by Congress. He emphasized that the agency cannot alter the terms of a statute or attempt to address perceived gaps or loopholes in the legislation.
The Department of Justice (DOJ) officials are aware that there may be challenges to the new rules, but they are confident that it complies with the regulations governing administration policy proposals.
Gun violence prevention groups expressed their enthusiasm this week for the action taken by Biden.
“Closing the gun seller loophole and expanding background checks is a significant achievement for creating safer communities. Our grassroots movement’s relentless advocacy made this victory possible,” stated Angela Ferrell-Zabala, the executive director of Moms Demand Action.