Staff Reports
The Biden administration is taking steps to tighten regulations on gun sales, with a focus on closing what is commonly referred to as the "gun show loophole." Attorney General Merrick Garland announced the Justice Department's plans to require individuals selling firearms online and at gun shows to undergo background checks and obtain federal licenses, even if they do not own a traditional gun shop.
Under the new rule, dubbed the "Engaged in the Business" Final Rule, an estimated 23,000 individuals will be required to conduct background checks for private firearms transactions. This initiative stems from President Joe Biden's Executive Order 14092 issued in 2023, which tasked the Attorney General with redefining who is considered engaged in the business of dealing in firearms and thus obligated to hold a federal firearms license.
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
However, the regulation has faced criticism from Republican Senator John Cornyn of Texas, who labeled it as unconstitutional. Cornyn argued that the Department of Justice's measure attempts to rewrite existing laws and contradicts congressional intent. Critics also contend that the new rule could burden individuals who only occasionally sell firearms, such as at gun shows, with extensive paperwork and licensing requirements.
Opponents of the regulation argue that private transfers of firearms among individuals are legal and that private sellers at gun shows are already subject to regulations if they purchase firearms wholesale with the intent to sell. They also emphasize that the new directive will not impact transfers among family members.
While the White House asserts that targeting private gun sellers will enhance public safety, critics maintain that the regulation infringes on Americans' Second Amendment rights and imposes unnecessary regulations on law-abiding citizens. As the debate over gun control persists, the implications of these new regulations remain a contentious issue for both supporters and opponents.
