The Biden administration has finalized a rule that will require people who sell firearms online and at gun shows to conduct background checks on their potential customers. The rule aims to close the “gun show loophole” by more clearly defining requirements to obtain a federal firearms license and regulate the market more effectively. Attorney General Merrick Garland stated that anyone selling guns predominantly for profit must be licensed and conduct background checks, regardless of where the guns are being sold.
Vice President Kamala Harris noted that the rule was being finalized near the 25-year anniversary of the Columbine High School shooting, which involved guns purchased through the gun show loophole. Harris expressed hope that the new rule will prevent further gun violence in communities across the country. The rule will go into effect in 30 days and was first proposed by the administration last August. The Bipartisan Safer Communities Act, passed in 2022, expanded the definition of engaging in the business of firearms dealing to include individuals who regularly buy and sell firearms for profit.
The Department of Justice amended regulations to define engaging in the business of firearms dealing and clarify the conduct that requires a license under the revised definition. The rule also provides clarification on what constitutes a personal firearms collection to ensure that genuine hobbyists and collectors can add or remove guns from their collection without violating the law. The rule also addresses what FFLs should do with their inventory if they go out of business. It is estimated that the rule will impact over 20,000 people engaged in unlicensed firearms sales.
The new rule is seen as a step towards preventing gun violence by requiring background checks for all gun sales made for profit, regardless of where the sale takes place. By closing the gun show loophole, the administration hopes to better regulate the firearms market and increase compliance with federal background check requirements. President Joe Biden issued an executive order directing the DOJ to adopt the new rule after the passage of the Bipartisan Safer Communities Act in 2022, which expanded the definition of engaging in the business of firearms dealing to include those who regularly buy and sell firearms for profit.
Overall, the finalized rule is intended to address issues related to the sale of firearms at gun shows and online by requiring background checks for individuals selling guns predominantly for profit. The rule will impact thousands of people engaged in unlicensed firearms sales and aims to prevent gun violence by ensuring that all sales go through the proper channels and background checks. The Biden administration sees this rule as a crucial step in addressing gun violence and ensuring the safety of communities across the country.
