The Biden administration has approved a new rule to expand federal background checks for gun sales, targeting a shadow market where weapons are sold online, at gun shows, and through private sellers. Under this rule, anyone selling guns at a profit must register as a federally licensed firearms dealer, adding around 23,000 more sellers to the 80,000 already regulated by the A.T.F. President Biden is using a provision from a bipartisan gun control law passed in 2022 to close the so-called gun show loophole, an elusive policy goal that enjoys widespread public support. This new regulation aims to address one of the biggest gaps in the federal background check system, which Vice President Kamala Harris says has led to unimaginable pain and suffering for many families and communities.
Senator John Cornyn has accused the administration of a “power grab” by stretching the law’s language around who is considered “engaged in the business” when selling guns. Unlicensed private sellers in many states have been able to legally sell without background checks, leading to numerous illegal gun cases involving unregulated sales. The purpose of the new rule is to bring legitimate sellers under regulation and prevent brokers from trafficking in criminal gun sales under the current legal loopholes. Dealers now only have to prove that they sell guns to predominantly derive a profit from their actions to be required to register as a federally licensed firearms dealer, facing penalties of up to five years in prison and $250,000 in fines if they fail to do so.
The administration believes the new regulation is rooted in a newly passed law rather than a novel interpretation of an existing one and is prepared for potential legal challenges, such as those promised by Gun Owners of America for what they consider a “backdoor” universal background check. This announcement comes as the administration has ramped up efforts to deliver on policy promises to key constituencies, working around a divided Congress. The gun control bill, a significant policy achievement for the administration, has provided tools to combat illegal firearms, including a new drug-trafficking charge and enhanced background check provisions that have stopped illegal gun purchases and straw purchases.
The shadow market for guns, including online platforms like Armslist, has been increasingly used to procure firearms used in crimes. In one case, a 19-year-old with a history of mental health issues was able to purchase an AR-15-type rifle through Armslist without a background check after being denied at a federally licensed dealer. Such incidents highlight the need for tighter regulations on gun sales to prevent individuals who pose a threat from accessing firearms. By expanding federal background checks and requiring more sellers to register as federally licensed firearms dealers, the Biden administration aims to address one of the key gaps in the current system that has contributed to gun violence and tragic outcomes.
