Apr 11, 2024
3 mins read
3 mins read

Background Check Requirements Expanding for Firearms Purchases

WASHINGTON (NEWSnet/AP) — Thousands of firearms dealers across the United States will need to run background checks on buyers when selling weapons at gun shows and other places, according to a federal rule that will soon go into effect.

The rule aims to close a loophole that has allowed tens of thousands of guns to be sold every year by those who don't perform background checks, a step that is meant to ensure the potential buyer is not legally prohibited from having a firearm.

The rule, which was finalized this week, makes clear that anyone who sells firearms predominantly to earn a profit must be federally licensed and conduct background checks, regardless of whether they are selling on the internet, at a gun show or at a brick-and-mortar store, Attorney General Merrick Garland told reporters.

President Joe Biden has made curtailing gun violence a major part of his administration and reelection campaign, creating the White House Office of Gun Violence Prevention overseen by Vice President Kamala Harris.

Biden also has urged Congress to ban so-called assault weapons — something Democrats shied from even just a few years ago.

But the rule is certain to prompt criticism from gun rights advocates who believe the Democratic president has been unfairly and unlawfully targeting gun owners.

The Biden administration first proposed the rule in August, after the passage of the most sweeping gun violence bill in decades, a bipartisan compromise in response to the massacre of 19 students and two teachers at a Uvalde, Texas elementary school.

That law expanded the definition of those who are “engaged in the business” of selling firearms, and are required to become licensed by the Bureau of Alcohol, Tobacco, Firearms and Explosives and therefore run background checks. The rule, which implements the change in the law, will take effect 30 days after it is published in the Federal Register.

There are already roughly 80,000 federally licensed firearms dealers. Administration officials believe the new rule will impact more than 20,000 dealers who have gotten away with selling firearms without a license and performing background checks at places like gun shows and over the internet by claiming they aren't “engaged in the business” of firearm sales.

The regulation is likely to be challenged in court by gun rights activists, who have previously sued over other ATF rule changes that they argue infringe on gun rights. The National Shooting Sports Foundation, an industry trade group, previously warned of a court challenge if the rule was finalized as written.

But Biden administration officials said they are confident the rule — which drew more than 380,000 public comments — would withstand legal challenges.

Follow NEWSnet on Facebook and X platform to get our headlines in your social feeds.

Copyright 2024 NEWSnet and The Associated Press. All rights reserved.