In a recent move by the Biden Administration, a significant expansion of background checks for firearm sales has been introduced, stirring considerable debate among gun rights advocates and individual sellers. The "Engaged in the Business" Final Rule mandates that expanded background checks are now required at gun shows and for online firearm sales.
This regulation aims to redefine what constitutes being "in the business" of selling firearms, extending this definition to include individuals who sell guns for profit at these venues.
US to end 'gun show loophole' of unlicensed sales.
The White House is to close a loophole that allows thousands of firearms to be sold at gun shows and on the internet without federal background checks.
It will classify around 23,000 vendors as licensed firearms dealers, making… pic.twitter.com/FKmdJ0IvpS
— Moni 💕 (@MoniFunGirl) April 11, 2024
Critics argue that this rule effectively addresses what is referred to as the "gun show loophole," a term that the Firearms Policy Coalition disputes, suggesting that the loophole is a myth and that the new rule is misleading. The regulation requires sellers to obtain federal firearms licenses if they wish to continue selling firearms, which includes conducting mandatory background checks on potential buyers.
This move aligns with the broader goals outlined in the 2022 Bipartisan Safer Communities Act and Executive Order 14092, both of which aim to reduce the number of unchecked firearm sales across the country. However, opponents of the rule argue that it places undue burdens on small-scale sellers, potentially infringing upon constitutional rights and leading to the criminalization of casual firearm sellers.
Today, the Justice Department has announced the “Engaged in the Business” Final Rule – an updated and clear definition of who must obtain a license and conduct a background check before selling firearms.
🔗: https://t.co/kft2H0HteD pic.twitter.com/10c4f4kcNs
— U.S. Department of Justice (@TheJusticeDept) April 11, 2024
The concern among critics is not just about the immediate impact on gun sales but also about the broader implications for Second Amendment rights. They argue that this regulatory measure, rather than legislation passed through Congress, could set a precedent for future executive actions that might further restrict gun ownership and sales.
Legal challenges to the rule are anticipated, as opponents believe it oversteps the administration's authority by imposing regulations that should be the purview of legislative action. The debate centers around the balance between ensuring public safety and protecting individual rights, with this rule sparking a significant conversation on the extent of regulatory power.
The Firearms Policy Coalition, among other advocacy groups, is expected to lead the charge against the implementation of this rule, arguing that it misrepresents the reality of gun sales and unfairly targets law-abiding citizens. Their stance is that measures like these do not effectively address the root causes of gun violence and instead penalize responsible gun owners and sellers.
As the rule moves towards implementation, the gun community is bracing for its impacts, both in terms of how it will affect the ability to buy and sell firearms and the broader implications for gun rights in America. The debate over this regulation highlights the ongoing tension between gun control measures and Second Amendment rights, a conversation that is likely to continue as both sides navigate the legal and social ramifications of the Biden Administration's policy.
“[M]easures like these do not effectively address the root causes of gun violence and instead penalize responsible gun owners and sellers.”
Couldn’t have said it better myself.
To buy a gun at every gun show I’ve been to, you have to have a background check. If you try to buy a gun in the parking lot, the county Sheriff’s Deputies are filming that and you won’t get a mile away before they stop you!