The Biden administration made an announcement on Thursday regarding the closure of the “gun show loophole.” They aim to address this issue by refining the definition of what it entails to be “engaged in the business” of selling firearms.
The Bureau of Alcohol, Tobacco and Firearms (ATF) recently made a modification to the language in the federal register. This change, in line with the Bipartisan Safer Communities Act passed in 2022, pertains to the identification of gun sellers.
The proposed rule was introduced by the administration in September 2023, and it received over 300,000 comments from the public.
Before the Bipartisan Safer Communities Act was enacted, individuals who were considered “engaged in the business” of firearms dealing had to register as federally licensed firearm dealers, based on the previous language. However, the definition being implemented by the ATF on Thursday is more precise, aiming to effectively regulate the market in line with the new federal law, as stated by the White House.
The White House has made it clear that the rule now specifies the specific types of commercial activities that determine whether an individual should obtain a federal license as a dealer and consequently undergo a background check. This update aims to prevent individuals from circumventing the licensing and background check requirements by asserting that they are only selling a small number of firearms. Additionally, it aims to address the issue of individuals falsely claiming that the guns they are selling are part of their personal collection, which would exempt them from conducting a background check on the buyer.
According to Administration officials on a call with reporters, they emphasized the need for greater specificity and precision in the definition. As a result, more individuals would be required to obtain a federal selling license and conduct thorough background checks on the individuals they are selling to.
In a heartfelt statement, President Joe Biden expressed his personal connection to the devastating impact of gun violence, having spent time with individuals who have lost loved ones. He emphasized his commitment to taking decisive action in order to prevent the sale of firearms without proper background checks.
“This legislation aims to prevent domestic abusers and felons from accessing firearms, ultimately enhancing public safety,” he emphasized. He further added, “To ensure the protection of lives, my Administration remains committed to taking all necessary measures. It is imperative for Congress to complete the task at hand by promptly passing universal background checks legislation.”
Attorney General Merrick Garland signed off on the final rule.
Attorney General Garland emphasized the significance of closing the gun show and fire sale loopholes, stating that the regulation would clarify the process for firearms dealers who cease operations or lose their license to liquidate their inventory. He further explained that the proposed measures would apply regardless of whether the firearms are sold online, at gun shows, or in physical stores, emphasizing the requirement for background checks in all gun sales.
According to the White House, America has more than 80,000 licensed gun dealers. Additionally, the Department of Justice estimates that there are over 20,000 unlicensed sellers who are engaging in the sale of firearms through various channels such as online advertisements and gun shows.
According to a senior administration official, they express confidence in the legality of these actions and their ability to withstand any potential challenges in court.
According to the senior official, regulations like this one do not contradict the Second Amendment.
Senator John Cornyn, a Texas Republican, has announced plans to introduce a joint resolution of disapproval alongside Senator Tom Tillis. This resolution aims to overturn what Cornyn’s spokesperson refers to as an “unconstitutional rule.” The spokesperson further added that they already have support from other Senate Republicans for this initiative.
According to a spokesperson for Senator Cornyn, the administration is engaging in unlawful behavior in this situation, and most of the rule has no connection to the BSCA. Despite Congress repeatedly rejecting these provisions, the administration has been pushing for this rule for many years.
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