The Biden administration has announced plans to expand background check requirements for firearms purchased at gun shows or online, closing what gun control advocates call the “gun show loophole.” This move will expand the definition of licensed firearms dealers and ensure background screenings are carried out in more circumstances. Around 23,000 unlicensed firearms dealers will now be required to complete background checks when selling guns. The new rules stem from Congress’ Bipartisan Safer Communities Act and will go into effect 30 days after being published in the federal registry.
The expanded background requirements will affect individuals who repeatedly sell weapons to earn a profit, requiring them to obtain a gun dealer license and conduct background checks on buyers. This includes indicators such as purchasing online ads, record-keeping, and operating credit card systems. While President Biden supports background checks for all gun sales and transfers, the announcement does not mandate “universal” background checks. There are exceptions, such as private transfers among family members and the liquidation of personal collections without restocking. Vice President Kamala Harris emphasized the need for reasonable gun safety laws in light of several gun violence incidents over the years.
Anticipating political pushback, Vice President Harris defended the move, stating the false choice between supporting the Second Amendment and limiting access to guns. Challenges to the increased background checks are expected, but the Justice Department believes the law will hold up in court. Attorney General Merrick Garland called the regulation a historic step that will save lives, pointing to the increasing presence of illegally obtained firearms at shooting scenes. The final rule, following a period of public input, will not impact licensed firearms dealers but will bring unlawful dealers into compliance with federal law.
The 2022 law focuses on providing clarity on who qualifies as a firearms dealer and aims to ensure that background checks are conducted by both licensed and unlicensed sellers. The rule expands the definition of a firearm dealer and brings more sellers under the requirement to conduct background checks. The administration officials stated that their goal is to prevent gun violence by closing loopholes that may allow individuals to acquire firearms without a thorough screening process. The announcement coincides with the anniversary of the Columbine High School shooting, where the weapons used were acquired through the gun show loophole.
The Biden administration’s announcement is intended to improve safety and reduce gun violence by requiring background checks for more firearm purchases. The move aligns with efforts to close loopholes that may allow unscrupulous individuals to sell firearms without proper oversight. The regulation aims to bring unlicensed sellers into compliance with federal law and ensure that more gun transactions are subject to background screenings. While challenges are expected, the Justice Department believes the rule will withstand legal scrutiny and ultimately save lives by preventing the sale of firearms to individuals who should not have access to them.
