The Biden administration has rolled out a strategy aimed at reinforcing control over firearms transactions online and at gun shows.
Targeting the notorious “gun show loophole,” which has allowed criminals easier access to firearms, the initiative showcases the administration’s attempts at ensuring community safety.
Transforming the Definition of Dealers
The recently introduced regulations broaden what qualifies someone as a licensed firearms dealer.
Such a change is designed to normalize background checks across additional sales points, further securing the marketplace from unregulated sales.
Impacting a Vast Number of Sellers
According to estimates by the Justice Department, roughly 23,000 unlicensed firearms dealers will be required to adapt by implementing background checks for sales, CBS News reports.
Despite the acknowledged difficulty in precisely quantifying the unlicensed gun market, such measures represent a significant step toward tighter regulation.
Catalyzed by Legislative Accord
Originating from the Bipartisan Safer Communities Act of 2022, the expanded background check mandate will become effective 30 days post-publication.
The intention behind the regulation is to clarify and expand the criteria for being classified as a firearms dealer, making a wider array of sellers responsible under the law.
Bridging the Legal Gap
In the U.S, about 80,000 licensed firearms dealers are already obliged to perform background checks on purchasers.
The initiative addresses the loophole that allowed certain sellers, particularly those online or at gun shows, to evade such obligations, leveling the playing field.
Establishing New Criteria for Dealers
Under the latest regulations, individuals aiming to profit from firearm sales are required to obtain a dealer license and conduct background checks on purchasers.
Actions indicative of dealer operations, such as engaging in online advertising, maintaining sales records, and handling credit card transactions, now necessitate formal licensing.
Broadening the Scope of Background Checks
Although President Biden has advocated for all-encompassing background checks for gun sales and transfers, the recent announcement falls short of instituting universal checks.
Rather, it enlarges the firearm dealer classification to encompass a greater number of sellers, thereby extending the reach of mandatory background checks.
Specifying Exceptions
Officials have detailed specific scenarios exempt from the updated rule, including familial transfers and the dispersal of personal firearm collections without intent to replenish.
Such exceptions ensure that certain types of gun transfers remain outside the purview of the new background check stipulations.
Reflecting on a Tragedy
Vice President Kamala Harris brought attention to the significant timing of the announcement, coinciding with the approaching anniversary of the Columbine High School tragedy.
She emphasized the critical nature of addressing the loophole that facilitated the acquisition of weapons used in the Columbine massacre.
Advocating for Balanced Safety Laws
In response to anticipated backlash, Vice President Harris passionately defended the government’s policy.
She said “We know how to prevent these tragedies and it’s a false choice to suggest you are either in favor of the Second Amendment or you want to take everyone’s guns away. I’m in favor of the Second Amendment and I am in favor of reasonable gun safety laws.”
Bracing for Political Challenge
Predictably, the strategy has been criticized by figures such as Senator John Cornyn as “unconstitutional.”
Cornyn, alongside Senator Thom Tillis, plans to counteract the regulation, accusing it of legislative overreach and igniting further debate within the contentious arena of gun control politics.
Marking a Milestone in Gun Control
Attorney General Merrick Garland described the regulation as a “historic step” with the potential to “save lives.”
Highlighting the increasing presence of illegally acquired firearms at crime scenes, he asserted the rule’s critical role in regulating unlicensed sales, contributing to a more secure environment nationwide.
