The Biden administration is set to expand background checks for gun purchases, a move propelled by increased demands for stricter gun control following mass shootings, notably the tragic event at a school in Uvalde, Texas.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is expected to finalize a new rule, slated for submission to the Federal Register, which aims to close a significant loophole. This loophole has historically allowed individuals to buy guns without undergoing background checks, particularly from non-traditional retail environments like gun shows and online platforms.
This regulatory change stems from the 2022 Bipartisan Safer Communities Act, which mandates that anyone selling firearms for profit must be licensed and conduct background checks on purchasers. This includes transactions at venues such as flea markets and firearms shows.
Since early 2023, the Biden administration has been developing this rule, which will be enforced 30 days after its official publication. The loophole currently being addressed has enabled gun dealers to sell firearms without background checks at gun shows, online, or from their homes.
An administration official noted that the new rule would impact over 20,000 individuals who are currently engaged in unlicensed gun dealing, affecting a substantial number of gun sales annually.
In a press briefing, Vice President Kamala Harris emphasized the severe consequences of the loophole, linking it to numerous incidents of violence and loss. She highlighted that the Columbine High School massacre, which marks its 25th anniversary next week, involved firearms acquired through this very loophole from a gun show.
Additionally, the 2019 shooting in Odessa and Midland, Texas, involved a perpetrator who, after being denied a gun purchase at a sporting goods store due to a failed background check, subsequently bought an AR-15 from an unlicensed online seller.
Vice President Harris remarked on the profound impact of gun violence on communities, stating, “So many communities have been torn apart by acts of violence committed with weapons bought without background checks. So in the memory of all those we have lost today, as the head of the White House Office of Gun Violence Prevention, I am proud to announce that all gun dealers now must conduct background checks no matter where or how they sell their merchandise.”
While this rule extends the scope of background checks, it falls short of achieving President Joe Biden’s broader goal for universal background checks, as private transfers of firearms still remain exempt under the new regulation.
