The Biden administration is set to implement a new rule that will require thousands more firearms dealers across the U.S. to conduct background checks on buyers when selling guns at gun shows or other venues outside of traditional stores. This rule aims to close a loophole that has allowed unlicensed dealers to sell tens of thousands of guns each year without performing background checks to determine if the buyer is legally allowed to possess a firearm. The administration sees this as a crucial step in combating gun violence, a major issue in the country. President Joe Biden emphasized the importance of this rule in keeping guns out of the hands of domestic abusers and felons, and urged Congress to pass universal background checks legislation.
The rule makes it clear that anyone who sells firearms primarily for profit must be federally licensed and conduct background checks, whether they are selling online, at a gun show, or in a brick-and-mortar store. This change is part of the administration’s broader efforts to address gun violence, with Biden creating the first-ever White House office of gun violence prevention and advocating for a ban on assault weapons. The administration first proposed this rule in response to the passage of a comprehensive gun violence bill after a tragic school shooting in Uvalde, Texas. The rule is expected to impact over 20,000 dealers who have been selling firearms without a license and evading background checks by claiming they are not engaged in the business of gun sales.
Gun control advocates have welcomed this regulation as a significant step towards their goal of universal background checks for gun buyers, a key Democratic priority that has faced opposition from Republicans in Congress. They see this rule as a victory for safer communities and applaud the administration’s efforts in addressing gun violence. However, the rule is likely to face legal challenges from gun rights activists who argue that it infringes on Second Amendment rights. The National Shooting Sports Foundation, an industry trade group, has already warned of a potential court challenge if the rule is implemented as written.
Administration officials are confident that the rule, which received over 380,000 public comments, will withstand legal challenges. They emphasize that it does not impede anyone’s Second Amendment rights and is aimed at ensuring that firearms are sold responsibly and legally. The ATF released data showing that a significant number of illegally trafficked firearms in the U.S. came through unlicensed dealers who do not conduct background checks, leading to numerous shootings between 2017 and 2021. This underscores the importance of closing the gun seller loophole and enforcing stricter regulations to prevent guns from falling into the wrong hands. Gun rights advocates may push back against the rule, but the administration remains committed to addressing gun violence and promoting safer communities through comprehensive gun control measures.
