The Biden administration has finalized a rule that will require thousands more firearms dealers in the United States to conduct background checks on buyers at gun shows and other locations outside of brick-and-mortar stores. This rule aims to close a loophole that has allowed unlicensed dealers to sell tens of thousands of guns every year without performing background checks, potentially putting firearms in the hands of individuals who are legally prohibited from having them. President Joe Biden emphasized the importance of this rule in preventing gun violence, particularly among domestic abusers and felons, and called on Congress to pass universal background checks legislation.
The rule, which was announced by Attorney General Merrick Garland, states that anyone who sells firearms primarily to make a profit must be federally licensed and conduct background checks, whether they are selling online, at gun shows, or at physical stores. President Biden has made gun violence prevention a central focus of his administration and reelection campaign, establishing the White House Office of Gun Violence Prevention and advocating for measures such as a ban on assault weapons. However, the rule is expected to face legal challenges from gun rights activists who believe it unfairly targets gun owners. The National Rifle Association has already expressed its intention to challenge the rule through all available means.
The National Shooting Sports Foundation has also warned of a potential legal challenge to the rule. The foundation is currently reviewing the regulation and has previously argued that the Bureau of Alcohol, Tobacco, Firearms and Explosives is overstepping its legal authority. Despite these potential challenges, Biden administration officials are confident that the rule, which received over 380,000 public comments, will withstand lawsuits. The rule was proposed after the passage of a comprehensive gun violence bill in response to a school shooting in Texas and is scheduled to take effect 30 days after being published in the Federal Register.
The new rule is expected to impact over 20,000 dealers who have been selling firearms without a license and conducting background checks under the guise of not being “engaged in the business” of firearm sales. Proponents of the regulation argue that it will ensure fairness and public safety, as well as hold all dealers accountable to the same set of rules. While Republican Senators John Cornyn and Thom Tillis have attempted to block the rule from taking effect, it is unlikely that their efforts will succeed. Gun control advocates have praised the rule as a significant step towards universal background checks for gun buyers, a long-standing Democratic priority that has been stalled by Republicans in Congress.
The rule was released shortly after the ATF reported that over 68,000 illegally trafficked firearms in the U.S. came through unlicensed dealers who were not required to conduct background checks over a five-year period. These guns were associated with nearly 370 shootings between 2017 and 2021. The regulation has been hailed as a victory for safer communities by gun control advocates, who have worked tirelessly to close the “gun show loophole” and expand background checks for gun buyers. The Biden administration’s efforts to combat gun violence and hold firearms dealers accountable for conducting background checks are part of a broader strategy to address the ongoing epidemic of gun violence in the country.
