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Vice President Kamala Harris and Attorney General Merrick Garland announced a rule change requiring more background checks as a way to close the gun show loophole.
In a landmark move to tighten gun control and enhance public safety, the Biden-Harris administration unveiled a sweeping new strategy Thursday aimed at closing loopholes around the sale of guns in America. The White House and Department of Justice introduced a new rule that broadened the definition of who was deemed engaged in the business of selling firearms.
This change is designed to ensure that a more comprehensive array of firearms transactions, particularly those occurring at gun shows, via online platforms, or through other nontraditional venues, are subjected to mandatory background checks, according to officials.
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Vice President Kamala Harris has been at the forefront of this regulatory overhaul, leveraging her law enforcement and gun safety advocacy background to champion the cause. She announced the rule change in a call with reporters.
”This single gap in our federal background check system has caused unimaginable pain and suffering,” Harris said, emphasizing that next week marks 25 years since the mass shooting at Columbine High School in Colorado that marked the beginning of widespread school shootings. Harris noted that in decades since, numerous communities have suffered the harms done by guns, many of which were acquired without background checks.
“So in the memory of all those we have lost today, as the head of the White House Office of Gun Violence Prevention, I am proud to announce that all gun dealers now must conduct background checks no matter where or how they sell their merchandise,” Harris said.
Attorney General Merrick Garland highlighted the regulation as one of the most consequential gun control measures in decades, targeting the proliferation of illegal firearms within communities.
“Recently, [the Bureau of Alcohol, Tobacco, Firearms, and Explosives] found that the flood of illegal guns into our community is increasingly driven by individuals who sell guns without a license and who do not conduct background checks,” Garland said. “Too often, these black market guns wind up in the hands of people who are not allowed to have them.”
He added, “Our goal is to promote compliance with federal law, not to place undue burdens on legitimate activities.”
Garland discussed the broader context of the regulation within the framework of the Bipartisan Safer Communities Act, signed by President Joe Biden in June 2022, pointing out its role in strengthening the background check system and arming law enforcement with better tools to trace guns used in crimes. The Justice Department is committed to a transparent and collaborative approach in implementing the new rule, emphasizing the necessity of working alongside federal, state, local, and tribal partners, he said.
“This regulation is a historic step in the Justice Department’s fight against gun violence. It will save lives,” Garland said.
ATF Director Steven Dettelbach explained the rule change’s implications and objectives as well as the critical need for the regulation.
“There is a large and growing black market of guns that are being sold by people who are in the business of dealing firearms but are doing it without a license. Therefore, they’re not running background checks as the law requires, and this noncompliance with the law is fueling violence,” he said.
The rule introduces several fundamental changes, foremost among them the expanded definition of firearms dealers. By redefining what constitutes being “engaged in the business” of dealing in firearms, the rule covers sellers across various platforms, ensuring that anyone selling firearms for profit must be licensed and conduct background checks. This includes clarifying that sellers engaged in the business as a regular course of trade must perform background checks for sales made online, at gun shows, or in physical stores. It outlines behaviors that presume a seller is engaged in the business, including repetitive buying and selling of firearms for profit, and differentiates between genuine hobbyists or collectors and those operating as businesses. It guides licensed dealers on how to liquidate inventory if they cease business operations to prevent circumvention of licensing requirements.
Dettelbach also addressed concerns about the constitutionality of the new regulation.
”This final rule does not infringe on anyone’s Second Amendment right, and it will not negatively impact the many law-abiding licensed firearms dealers in our nation,” he said.
The new rule will take effect 30 days from its publication in the Federal Register on Thursday.
