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President Joe Biden’s administration announced new rules targeting unlicensed firearm dealers on Thursday in an attempt to close the “gun show loophole.”
The new regulations, which are aimed at implementing changes outlined in a provision of the Bipartisan Safer Communities Act, will require dealers to obtain a license and conduct background checks regardless of location. The White House also demanded action from Congress toward requiring universal background checks to complement the new guidelines.
“Today, my Administration is taking action to make sure fewer guns are sold without background checks,” Biden said in a statement. “This is going to keep guns out of the hands of domestic abusers and felons.”
Joe Biden gloated over the new rule in a video statement, and wrote, “Licensed gun dealers in America must run background checks on their customers. But not every gun dealer who ought to be licensed is licensed.”
“Today, my Administration is clarifying when folks must get their license and run background checks, and ensuring that gun show and online sale loopholes no longer exist. We’re keeping guns out of the hands of abusers and felons.”
Licensed gun dealers in America must run background checks on their customers.⁰
But not every gun dealer who ought to be licensed is licensed.Today, my Administration is clarifying when folks must get their license and run background checks, and ensuring that gun show and… pic.twitter.com/Wga2qazFFM
— President Biden (@POTUS) April 11, 2024
White House press secretary Karine Jean-Pierre touted the new rule as well:
Karine Jean-Pierre announces the Biden administration’s new unilateral rule “requiring background checks for all gun dealers engaged in the business of firearm dealing” pic.twitter.com/MCzjGqG0k1
— Republican National Committee Research (@Republican National CommitteeResearch) April 11, 2024
“Today, the Justice Department is issuing one of the most significant gun regulations in decades,” Attorney General Merrick Garland announced.
Gun Owners of America reacted in fury, writing, “The federal government is out of control! GOA will be fighting this gross infringement on the right to buy and sell firearms without permission from @theJusticeDept in court AND in Congress AND in the upcoming election.”
The federal government is out of control!
GOA will be fighting this gross infringement on the right to buy and sell firearms without permission from @theJusticeDept in court AND in Congress AND in the upcoming election. pic.twitter.com/KpjLAyAzbO
— Gun Owners of America (@GunOwners) April 11, 2024
Below is the full press release posted by the Justice Department Thursday morning:
WASHINGTON – The Justice Department today announced it has submitted to the Federal Register the “Engaged in the Business” Final Rule, which makes clear the circumstances in which a person is “engaged in the business” of dealing in firearms and thus required to obtain a federal firearms license, in order to increase compliance with the federal background check requirement for firearm sales by federal firearms licensees.
“Under this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store: if you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks,” said Attorney General Merrick B. Garland. “This regulation is a historic step in the Justice Department’s fight against gun violence. It will save lives.”
“The Bipartisan Safer Communities Act enhanced background checks and closed loopholes, including by redefining when a person is ‘engaged in the business’ of dealing in firearms. Today’s rule clarifying application of that definition will save lives by requiring all those in the business of selling guns to get a federal license and run background checks — thus keeping guns out of the hands of violent criminals,” said Deputy Attorney General Lisa Monaco. “I applaud the hard work of ATF in drafting this rule and reviewing the hundreds of thousands of public comments, which overwhelmingly favored the rule announced today. Because of that work, our communities will be safer.”
“This is about protecting the lives of innocent, law-abiding Americans as well as the rule of law. There is a large and growing black market of guns that are being sold by people who are in the business of dealing and are doing it without a license; and therefore, they are not running background checks the way the law requires. And it is fueling violence,” said Director Steven Dettelbach of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “Today’s Final Rule is about ensuring compliance with an important area of the existing law where we all know, the data show, and we can clearly see that a whole group of folks are openly flouting that law. That leads to not just unfair but, in this case, dangerous consequences.”
The Bipartisan Safer Communities Act (BSCA), enacted June 25, 2022, expanded the definition of engaging in the business of firearms dealing to cover all persons who devote time, attention, and labor to dealing in firearms as a regular course of trade or business to predominately earn a profit through the repetitive purchase and sale of firearms. On March 14, 2023, President Biden issued Executive Order 14092, which, among other things, directs the Attorney General to develop and implement a plan to clarify the definition of who is engaged in the business of dealing in firearms and thus required to obtain a federal firearms license. The Final Rule conforms the ATF regulations to the new BSCA definition and further clarifies the conduct that presumptively requires a license under that revised definition, among other things.
Federally licensed firearms dealers are critical to federal, state, local, Tribal, and territorial law enforcement in our shared goal of promoting public safety. Licensees submit background checks on potential purchasers to the FBI’s National Instant Criminal Background Check System, which helps to keep firearms out of the hands of prohibited persons. Further, licensees keep records of sales transactions to help ensure that when a gun is used in a crime and recovered by law enforcement it can be traced back to the first retail purchaser; they help identify and prevent straw purchasers from buying firearms on behalf of prohibited persons and criminals; and they facilitate safe storage of firearms by providing child-safety locks with every transferred handgun and offer customers other secure gun storage options. Unlicensed dealing, however, undermines these public-safety features — which is why Congress has long prohibited engaging in the business of dealing in firearms without the required license.
To increase compliance with the statutes Congress has enacted, the Final Rule identifies conduct that is presumed to require a federal firearms license. And, in addition to implementing the revised statutory definition discussed above, the Final Rule clarifies the circumstances in which a license is — or is not — required by, among other things, adding a definition of “personal firearms collection” to ensure that genuine hobbyists and collectors may enhance or liquidate their collections without fear of violating the law. The Final Rule also provides clarity as to what licensees must do with their inventory when they go out of business.
The Final Rule goes into effect 30 days after the date of publication in the Federal Register.
On Sept. 8, 2023, the Justice Department published a notice of proposed rulemaking, and during the 90-day open comment period, ATF received nearly 388,000 comments.
The final rule, as submitted to the Federal Register, can be viewed here.
Please note: This is the text of the Engaged in the Business Final Rule as signed by the Attorney General, but the official version of the Final Rule will be as it is published in the Federal Register.
.@TheJusticeDept submitted a new rule to the Federal Register to update the definition of what it means to be “Engaged in the Business” as a firearms dealer. The rule seeks to provide clarity on who must obtain an FFL. More at https://t.co/xDkBwvclkl. #StopGunTrafficking pic.twitter.com/OxBp1NdFAz
— ATF HQ (@ATFHQ) April 11, 2024
In the NFCTA, ATF investigations revealed a variety of channels for the illegal diversions from lawful firearm commerce. The largest were unlicensed dealers & straw purchasers, followed by stolen guns, online marketplaces & social media platforms. More at https://t.co/jHVdsOWJAd. pic.twitter.com/83rxTtVUxh
— ATF HQ (@ATFHQ) April 11, 2024
Below is an must-read excerpt from Breitbart:
But the recently proposed rule does what Congress has refrained from doing by allowing the ATF to set its sights on private, non-licensed Americans who may sell guns at some time throughout any given year the way Americans have been selling guns to one another since 1791 (the year the Second Amendment was ratified).
Breitbart News reported the ATF’s announcement of the proposed rule on August 31, 2023. The rule redefines what it means to be “engaged in the business of selling guns,” thereby expanding the instances in which an unlicensed seller — i.e., a private citizen — must use the NICS to sell/transfer a gun.
The ATF’s rule changes language so that there is no clear line of demarcation between private gun sales and guns sold by FFL holders. Ambiguity is introduced into the equation, forcing every seller to prove he is not trying to make a profit, lest he be required to ensure the purchaser undergoes the NICS before taking possession of the firearm.
The NRA blasted the new rule, releasing the following statement:
“This latest Biden Administration attack on law-abiding gun owners is a blatant attempt to coerce Americans to forego legal activity with firearms under threat of potential confiscation of their lawfully acquired and constitutionally protected property. The Administration has conceded that it cannot enforce this unlawful rule in criminal cases because they know that it exceeds the limited authority granted to them by Congress and, in some cases, expressly contradicts the statutory text. NRA is already working to use all means available to stop this unlawful rule.”
NRA Statement on Recent DOJ/ATF Final Rule: pic.twitter.com/kbGqVDVP7J
— NRA (@NRA) April 11, 2024
Gun Owners of America blasted the announcement, writing, “ATF can’t even promise that we won’t need a federal firearms license, a background check, & gun registration records to sell JUST ONE GUN to A FAMILY MEMBER.”
“This rule is an infringement on the Second Amendment, & undermines private firearm sales, which are legal in 30+ states. GOA and @GunFoundation will continue to fight until this rule is thrown out, the Bipartisan Safer Communities Act is repealed, and those RINOs responsible for enacting this gun control are primaried and retired! *cough cough* Talking to you @JohnCornyn. .”
GOA and @GunFoundation will continue to fight until this rule is thrown out, the Bipartisan Safer Communities Act is repealed, and those RINOs responsible for enacting this gun control are primaried and retired!
*cough cough* Talking to you @JohnCornyn.
— Gun Owners of America (@GunOwners) April 11, 2024
California Gov. Gavin Newsom, a Democrat, who has long pushed for gun control, celebrated by sharing Biden’s video, and wrote, “Universal background checks keep guns out of the hands of felons. Thank you, @POTUS. Now Congress needs to step up and do their job.”
Universal background checks keep guns out of the hands of felons.
Thank you, @POTUS.
Now Congress needs to step up and do their job. https://t.co/WbAwYMPn6e
— Gavin Newsom (@GavinNewsom) April 11, 2024
The Firearms Policy Coalition blasted Newsom:
UBCs***
— Firearms Policy Coalition (@gunpolicy) April 11, 2024
“The final rule implements the provisions of the Bipartisan Safer Communities Act (“BSCA,” effective June 25, 2022)”
Once again you can thank @JohnCornyn , @LeaderMcConnell, @MittRomney and the Fudds of Congress.
Relying on partisans to protect your liberty is a fools errand. pic.twitter.com/Wqno3sB0hs
— Firearms Policy Coalition (@gunpolicy) April 11, 2024
Our team is reviewing the 466 page Rule now.
We will be able to break down this madness and answer any questions soon.
— Firearms Policy Coalition (@gunpolicy) April 11, 2024
ATF Rule Forces Background Check System into Private Gun Sales https://t.co/p63TcyJE1s via @BreitbartNews
— AWR Hawkins (@AWRHawkins) April 11, 2024
To get more information about this article, please visit WashingtonExaminer. To weigh in, leave a comment below.
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