Washington, D.C. – The Biden administration announced significant changes to expand background check requirements for firearm purchases at gun shows and online on Thursday. This step aims to address the long-standing issue known as the “gun show loophole” by broadening the definition of licensed firearms dealers. Through these new federal rules, enforcement efforts will be strengthened to ensure background screenings are conducted in more circumstances where they have not been traditionally required.
With an estimated 23,000 unlicensed firearms dealers in the country, new regulations will now mandate background checks for gun sales. Although predictions regarding the unlicensed gun market’s size are imprecise, this move represents a significant effort to regulate firearms transactions more thoroughly.
The expansion of background check requirements stems from the Bipartisan Safer Communities Act passed by Congress in 2022. This legislative action will become effective within 30 days of its publication in the federal registry this week. It specifically focuses on clarifying who qualifies as a firearms dealer, highlighting the need for sellers at gun shows or online to obtain a federal license and conduct background checks.
While President Biden has consistently supported universal background checks for all gun sales, the recent announcement does not mandate them. Instead, it expands the criteria for identifying firearm dealers, thus broadening the requirements for background checks. Certain exceptions exist for gun transfers, such as private exchanges among family members and personal collection liquidation without restocking.
Vice President Kamala Harris, noting the upcoming 25th anniversary of the Columbine High School shooting, emphasized the necessity of closing loopholes that may lead to tragic events. Despite anticipated pushback, she defended the administration’s actions, emphasizing the importance of balancing Second Amendment rights with sensible gun safety measures.
The plan has already faced criticism, with Senator John Cornyn’s spokesperson denouncing it as unconstitutional. Republican senators intend to introduce a resolution of disapproval, arguing the new regulations attempt to rewrite existing laws. Despite expected challenges, Justice Department officials are confident in the regulations complying with congressional intent and legal scrutiny.
Attorney General Merrick Garland hailed the regulation as a “historic step” that will save lives, citing data showing an increase in illegal firearms at crime scenes. The final rule, following an extensive public input period, will ensure compliance with federal law for unlawful dealers while leaving licensed firearms dealers unaffected.