Biden Administration Taking Steps to Close ‘Gun Show Loophole’

The Biden administration has made a bold move to tighten firearm regulations by closing what’s commonly referred to as the “gun show loophole.” This action, aimed at clarifying who should be considered “engaged in the business” of selling firearms, signals a significant step in the administration’s efforts to address gun violence.

The Bureau of Alcohol, Tobacco, and Firearms (ATF) has updated federal register language to align with the Bipartisan Safer Communities Act, passed in 2022. This change, which received over 300,000 public comments after being proposed in September 2023, aims to better regulate the firearms market by refining the definition of who must obtain a federal license to sell firearms.

Previously, individuals “engaged in the business” of selling firearms were required to register as federally licensed firearm dealers. The updated definition now explicitly outlines the commercial activities that necessitate obtaining a federal dealer’s license and conducting background checks on buyers. This prevents individuals from exploiting loopholes to avoid licensing and background check requirements, ensuring greater accountability in firearm transactions.

President Biden emphasized the importance of background checks in preventing firearms from falling into the wrong hands, particularly those of domestic abusers and felons. He urged Congress to pass universal background checks legislation to further enhance gun safety measures.

Attorney General Merrick Garland underscored the significance of the new rule, highlighting its role in closing not only the gun show loophole but also the fire sale loophole. He emphasized that regardless of where firearms are sold – whether online, at gun shows, or in brick-and-mortar stores – sellers must conduct background checks, ensuring consistency and accountability across all platforms.

Despite the administration’s confidence in the legality of the actions taken, opposition from Republican lawmakers looms large. Senator John Cornyn of Texas, along with Senator Tom Tillis, plans to introduce a joint resolution of disapproval under the Congressional Review Act to challenge what they deem an “unconstitutional rule.” They argue that the rule exceeds the scope of the Bipartisan Safer Communities Act and infringes on Second Amendment rights.

However, a senior administration official dismissed claims of conflict with the Second Amendment, asserting that robust regulations like these are essential for public safety.

With over 80,000 licensed gun dealers in America and an estimated 20,000 unlicensed sellers operating through various channels, including online advertisements and gun shows, the need for comprehensive firearm regulations is clear. The administration’s actions represent a proactive step towards curbing gun violence and protecting communities across the nation.