Biden Administration Announces Plan to Tighten Regulations on “Gun Show Loophole”
DEBARYLIFE – The Biden administration declared on Thursday that they are narrowing the definition of what it means to be “engaged in the business” of selling firearms, so closing what is commonly referred to as the “gun show loophole.”
In compliance with the bipartisan Safer Communities Act of 2022, the Bureau of Alcohol, Tobacco, and Firearms (ATF) recently changed the language in the federal register, which was previously more detailed about who was selling guns.
In September 2023, the administration released the proposed regulation and received more than 300,000 public comments.
According to the terminology formerly in use, anyone “engaged in the business” of selling weapons was required to register to obtain a federal license prior to the Bipartisan Safer Communities Act’s adoption. According to the White House, the definition that ATF is putting into effect on Thursday is more precise in order to properly manage the market in compliance with the new federal legislation.
In addition, the White House claims that the rule prohibits people from falsely claiming that guns are part of a personal collection, which would exempt a seller from conducting a background check on a buyer.
The rule now specifically lists the types of commercial activities that indicate whether a person should become a federally licensed dealer and, therefore, be required to run a background check.
On a call with reporters, Administration representatives stated that by tightening up the definition, more people would have to apply for federal selling licenses and verify the buyer’s identity.
In a statement, President Joe Biden stated that he has gotten in touch with those who have lost loved ones to gun violence and that he is working to ensure that fewer firearms are sold without a background check.
This will prevent felons and perpetrators of domestic violence from obtaining firearms. “My Administration will persist in doing all possible measures to preserve lives,” he declared. Congress must complete its work and enact legislation requiring background checks for all people immediately.
Merrick Garland, the Attorney General, approved the final rule.
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“It will also close the loophole for gun shows and fire sales by making it clearer how gun dealers who lose their license or go out of business must liquidate their inventory,” Garland told reporters. “Under this regulation, selling firearms—whether through an online store, a gun fair, or a physical store—will require background checks on all gun sales.”
In America, there are more than 80,000 licensed gun dealers. According to the White House, the Department of Justice believes that over 20,000 unlicensed merchants are selling firearms through gun fairs, internet ads, and other channels.
ABC News was informed by a senior administration official that they are certain the moves are lawful and will withstand any legal challenges.
The senior official stated, “Strong regulations like this one are not in conflict with the Second Amendment.”
Texas Republican Senator John Cornyn, who participated in the bill’s negotiations, announced that he and Senator Tom Tillis intended to file a joint resolution of disapproval under the Congressional Review Act to reverse what Cornyn’s spokesperson referred to as an “unconstitutional rule.” According to a spokesperson, the two have already received the support of other Senate Republicans.
“The vast majority of this rule has nothing to do with the BSCA, and the administration is acting in an unlawful manner here.” Despite Congress’s repeated rejection of these provisions, the administration has naturally wanted this rule for many years, according to a Cornyn spokesman.