Biden administration moves to force thousands more gun dealers to run background checks
Source: AP
Updated 5:04 AM EDT, April 11, 2024
WASHINGTON (AP) Thousands more firearms dealers across the U.S. will have to run background checks on buyers when selling at gun shows or other places outside brick-and-mortar stores, according to a Biden administration 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 unlicensed dealers who dont perform background checks to ensure the potential buyer is not legally prohibited from having a firearm.
Its the administrations latest effort to combat the scourge of gun violence across the country. But in a contentious election year, its also an effort to show voters especially younger ones for whom gun violence deeply resonates that the White House is trying to stop the deaths.
This is going to keep guns out of the hands of domestic abusers and felons, President Joe Biden said in a statement. And my Administration is going to continue to do everything we possibly can to save lives. Congress needs to finish the job and pass universal background checks legislation now.
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.
Read more: https://apnews.com/article/biden-administration-background-checks-atf-rule-70261cc0512eea8d52ef9585a9a48ab2
Link to ATF PRESS RELEASE - Justice Department Publishes New Rule To Update Definition of "Engaged in the Business" as a Firearms Dealer
Link to ATF Rule page - https://www.atf.gov/firearms/final-rule-definition-engaged-business-dealer-firearms
Link to ATF Rule (PDF) - https://www.atf.gov/rules-and-regulations/docs/ruling/atf-final-rule-definition-engaged-business-dealer-firearms/download
70sEraVet
(3,508 posts)When a President DOES something!
https://www.mediaite.com/politics/trump-boasts-to-nra-we-did-nothing-about-guns-during-his-administration/
lark
(23,138 posts)Thank you President Joe Biden!!
pazzyanne
(6,556 posts)Dare we hope this becomes a trend?
sarisataka
(18,732 posts)they are just spelling out it includes more than a brick-and-mortar store. Previously it said "in the business of selling firearms" without defining location.
The crux is enforcement. It has always been lax; will the ATF step up and enforce the law on those who have been illegally dealing firearms?
BumRushDaShow
(129,296 posts)(from 8 years ago)
sarisataka
(18,732 posts)so a person regularly buying and selling firearms for profit at a gun show was an illegal dealer under the old wording. The ATF turned a blind eye to all but the most egregious cases. If that doesn't change the new wording will be just words.
Universal background checks would eliminate the question who a dealer is and therefore must conduct a background check. Conversely it eliminates the issue of a sale by a nondealer who is prohibited from performing a background check.
BumRushDaShow
(129,296 posts)"Gun shows" can have tables and tables of "private sellers" who are not considered "dealers" but who are selling to those who cannot legally own a gun.
(see the video I added as an edit)
sarisataka
(18,732 posts)and is buying and selling a dozen "guns" is an "illegal dealer", old wording or updated wording.
BumRushDaShow
(129,296 posts)where each "individual sale" IS considered "an individual/personal sale" of what they might have in their "collection".
THAT is the problem when it comes to firearms.
If they are a gun collector who claims that they were not "buying" their guns to sell later because they are just a "hobbyist collector", then who would one be to dispute that? They would argue that they could maybe decide to "sell or trade a few later" - just like people who buy/sell stamps or baseball cards or dolls.
sarisataka
(18,732 posts)marked for sale. I have seen this and they are not subtle. It would be hard to claim you decided to sell 20 guns of your "collection" every month.
It is debatable how many guns one has to sell to be a dealer, since neither wording defines that, however that repetitive sales (and purchases to keep up stock) are prima facie evidence of dealing firearms.
BumRushDaShow
(129,296 posts)where that is what collector/hobbyist people do! Put lots of stuff out on the table for sale or trade. They may have a basement and garage full of stuff they have acquired over the years but they might bring select items to those shows/conventions/meet-ups that they are willing to part with. They are not "dealers" of their yarn stashes or Star Wars memorabilia. They are "private collectors".
sarisataka
(18,732 posts)The difference is you do not need a Federal Model Train License to buy and sell as many cars as you like.
However there is a law that says if you are buying and selling firearms you do need a license.
The only exception is if a person has a collection and wants to sell it off. In that case it is unlikely they will be buying and their stock will get less, eventually running out. The ATF allows this and it should be fairly easy for an investigator to determine if this is the case.
BumRushDaShow
(129,296 posts)Because of the "2nd Amendment" there is a faction who believes that they are no different than a coin collector who can buy for and later be able to sell as many items from their "PERSONAL collection" as they want because they are not "a business" or "dealer", but a "collector" who might want to do an "individual sale" or "trade".
sarisataka
(18,732 posts)it removes any question of is the seller a dealer, "dealer" or private party. Unfortunately, that requires a change to the law so must go through Congress.
BumRushDaShow
(129,296 posts)but it seems those in the pockets of the NRA continue to block that so it ends up with "Executive actions" like this to try to fix what the NRA-funded Congress doesn't want fixed.
republianmushroom
(13,653 posts)GB_RN
(2,371 posts)For violatin Texans rights to buy and own as many guns as they want, wherever and whenever they want; paperwork landing on Judge Matthew Kacsmaryks desk in 3
2
/snark for those who need it