The Biden administration announced on Thursday its final plans to expand background check requirements for firearms purchased at gun shows or online, in an effort to close the “gun show loophole” as advocated by gun control supporters.
The new federal rules will not introduce new laws but will broaden the definition of licensed firearms dealers. This expansion aims to enhance existing enforcement measures to ensure that background checks, previously not mandatory at certain gun sale locations, are now conducted in more situations.
The Justice Department estimates that there are approximately 23,000 unlicensed firearms dealers who will now need to conduct background checks when selling guns, although exact figures for the unlicensed gun market remain uncertain.
The expanded background check requirements stem from the passage of the Bipartisan Safer Communities Act in 2022 and will come into effect 30 days after the rule is published in the federal registry this week.
The implementation of the 2022 law focuses on the Justice Department providing clear guidelines on who qualifies as a firearms dealer. While approximately 80,000 licensed firearms dealers in the US are already required to conduct background checks on buyers, individuals selling guns online or at gun shows have not always needed a federal license or to perform background checks.
The latest federal action specifies that individuals who sell weapons primarily for profit must now obtain a gun dealer license and conduct background checks on buyers. Indicators such as purchasing online ads, record-keeping, and operating credit card systems will now require unlicensed sellers to obtain a gun dealer license.
Although President Joe Biden supports background checks for all gun sales and transfers, the announcement does not mandate “universal” background checks but expands the definition of a firearm dealer, thereby widening requirements.
There are exceptions for gun transfers that do not require background checks, including private transfers among family members and the liquidation of a personal collection without restocking.
Vice President Kamala Harris noted that next week marks the 25th anniversary of the Columbine High School shooting, where the weapons used were acquired through the gun show loophole.
Anticipating political resistance, Vice President Harris defended the move, emphasizing that preventing tragedies does not mean taking away everyone’s guns but implementing reasonable gun safety laws while supporting the Second Amendment.
Challenges to the increased background checks are expected, but Justice Department officials believe the law adheres closely to the definitions set by Congress and will withstand legal scrutiny in courts.
Attorney General Merrick Garland described the regulation as a “historic step” that will “save lives,” citing federal data showing an increase in illegally obtained firearms at shooting scenes. The final rule, following a public input period with over 300,000 comments, will not impact licensed firearms dealers but bring unlawful dealers into compliance with federal law.
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