GUNS/RLTD Biden administration announces plans to expand background checks to close "gun show loophole"

SmithJ

SmithJ

Veteran Member

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www.cbsnews.com

Biden administration announces plans to expand background checks to close "gun show loophole"

The Biden administration is finalizing plans to expand background check requirements in effort to close the "gun show loophole."
www.cbsnews.com www.cbsnews.com

Biden administration announces plans to expand background checks to close "gun show loophole"​

By Bo Erickson, Robert Legare
Updated on: April 11, 2024 / 9:00 AM EDT


The Biden administration announced Thursday final plans to expand requirements to perform background checks for those who buy firearms at gun shows or online, aiming to effectively close what gun control advocates have long referred to as the "gun show loophole."

The new federal rules will not create new law but will expand the definition of licensed firearms dealers. This move will also sharpen existing enforcement measures to ensure that the background screenings — which have not traditionally been necessary at certain gun sale locations — are carried out in more circumstances.

The Justice Department estimates there are around 23,000 unlicensed firearms dealers who will now be required to complete background checks when selling guns, although senior administration officials said that predictions about the unlicensed gun market are imprecise.

The expanded background requirements emerged from Congress' passage of the Bipartisan Safer Communities Act in 2022 and will go into effect 30 days after the rule is published in the federal registry this week.

Implementation of the 2022 law focused on the Justice Department's provision of public clarification about who qualifies as a firearms dealer. The approximate 80,000 licensed firearms dealers in the United States are already required to conduct a background check on buyers while individuals who sell guns online or at gun shows are at times not required to obtain a federal license or perform background checks.

This latest federal action specifically stipulates that any individual who repeatedly sells weapons to "predominantly earn a profit" must now obtain a gun dealer license and start conducting background checks on buyers. Purchasing online ads, record keeping, and operating credit card systems are some indicators that an unlicensed seller would now need to be licensed as a gun dealer, the officials said.

While President Joe Biden supports background checks for all gun sales and transfers, Thursday's announcement does not require "universal" background checks. Instead, officials said the move expands the definition of a firearm dealer, which as a result, will expand requirements.

There are several carveouts for when gun transfers will not require a background check, including private transfers among family members and the liquidation of a personal collection without restocking.

In making the announcement, Vice President Kamala Harris noted next week is the 25th anniversary of the Columbine High School shooting, and the weapons in that massacre were acquired through the gun-show loophole.

Anticipating political pushback, the vice president defended the move. "We know how to prevent these tragedies and it's a false choice to suggest you are either in favor of the Second Amendment or you want to take everyone's guns away," Harris said. "I'm in favor of the Second Amendment and I am in favor of reasonable gun safety laws."

The plan already has been met with disapproval, with a spokesperson for Republican Sen. John Cornyn calling it an "unconstitutional rule." Cornyn, who is in the running to replace Senate Majority Leader Mitch McConnell, and Sen. Thom Tillis plan to introduce a joint resolution of disapporval under the Congressional Review Act.

Like other firearms-related federal actions in recent years, challenges to these increased background checks are expected. Because of this, administration officials said the Justice Department hewed closely to the definitions assigned by Congress in the original law. Justice Department officials said they expect the law will hold up to legal scrutiny in the courts.

Attorney General Merrick Garland said in a statement Thursday that the regulation is a "historic step" that will "save lives," pointing to federal data that says illegally or black-market firearms are increasingly being found at shooting scenes. The final rule — which followed a public input period that saw over 300,000 comments — will not affect firearms dealers who already have licenses to sell guns, official said, but will bring unlawful dealers into compliance with federal law.
 
SmithJ

SmithJ

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Biden administration expands background checks for gun sales​

Jacob Knutson

Firearms in a gun store in Austin, Texas, in August 2023. Photo: Brandon Bell/Getty Images


The Biden administration approved the largest expansion of background checks for gun purchases in decades on Thursday.

Why it matters: The new rule, which is almost certain to be challenged in the court, would require thousands of gun sellers to register as federally licensed firearms dealers. They would then have to run criminal and mental health background checks on potential buyers.

How it works: The rule announced Thursday is intended to close the "gun show loophole" and the related "online sale loophole" by forcing anyone who sells a firearm for profit to register with the federal government.

  • Due to those loopholes, around 20,000 dealers currently operate without licenses and are thus not required to conduct background checks, per AP.
  • President Biden said in a statement that the new rules will "keep guns out of the hands of domestic abusers and felons."
The big picture: The new rule marks the largest expansion of background checks for firearms purchases since the 1993 Brady Bill.

  • However — like the Brady Bill and several other laws meant to decrease the U.S.' abnormally high levels of gun violence — the new rule will likely be challenged by firearm interest groups and could be pared back by the courts.
  • With Democrats blocked by Republicans from passing legislation requiring universal background checks, Biden has instead leveraged provisions in a bipartisan gun control law passed in 2022.
What they're saying: Biden called on Congress to "finish the job" and pass universal background checks legislation.


  • "I've spent hours with families who've lost loved ones to gun violence. They all have the same message: 'Do something,'" he said. "Today, my Administration is taking action to make sure fewer guns are sold without background checks."
 
SmithJ

SmithJ

Veteran Member
SEC. 12002. DEFINING ``ENGAGED IN THE BUSINESS''.

Section 921(a) of title 18, United States Code, is amended--
(1) in paragraph (21)(C), by striking ``with the principal
objective of livelihood and profit'' and inserting ``to
predominantly earn a profit'';

In other words, sell at a loss or dont sell. And be able to prove that you lost money.
 
T

TedM1911

Contributing Member
subnet said:
"20,000 dealers currently operate without licenses"

??

Hows that work or are they calling any joe blow that sells a gun a dealer
Click to expand...
There was s a guy in my area who lists many guns on line every week. Been doing it for years. He is a dealer by all definitions. I have an FFL and have for 25 years. If you want a business in the industry get a license and do it right. Those who don't make it bad for those who do.
 
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Thinwater

Firearms Manufacturer
TedM1911 said:
There was s a guy in my area who lists many guns on line every week. Been doing it for years. He is a dealer by all definitions.
Click to expand...
That is the legitimate way they will justify this rule change. With the feds being scum, they will apply it to people who trade stuff among themselves personally. The unlicensed dealers allowed the feds to justify this, and they will use it against everyone on their shit list.
 
Sacajawea

Sacajawea

Has No Life - Lives on TB
Attorney General Merrick Garland said in a statement Thursday that the regulation is a "historic step" that will "save lives," pointing to federal data that says illegally or black-market firearms are increasingly being found at shooting scenes. The final rule — which followed a public input period that saw over 300,000 comments — will not affect firearms dealers who already have licenses to sell guns, official said, but will bring unlawful dealers into compliance with federal law.
Click to expand...

Let's see... black market dealers already break the law. Making ANOTHER RULE isn't going to bring those people into any more compliance.

But what they're doing is going to trip up anyone who might want to sell - for whatever reason. How the hell can you do a mental health check on someone, with all the HIPAA rules? And once a seller sells to person A - there is no guarantee/responsibility on the seller anymore if person A wants to sell to unfit person B.

This is going to be ignored by a lot of people, I think.
 
20Gauge

20Gauge

TB Fanatic
subnet said:
"20,000 dealers currently operate without licenses"

??

Hows that work or are they calling any joe blow that sells a gun a dealer
Click to expand...
I believe this is the case. As I have yet to see a single gun dealer who won't run the background check 1st.
 
subnet

subnet

Boot
TedM1911 said:
There was s a guy in my area who lists many guns on line every week. Been doing it for years. He is a dealer by all definitions. I have an FFL and have for 25 years. If you want a business in the industry get a license and do it right. Those who don't make it bad for those who do.
Click to expand...
Weird i have lived in a few different states and that was not a thing..but they were pretty much blue states
 
Reasonable Rascal

Reasonable Rascal

Veteran Member
Griz3752 said:
So the day these enhanced back ground checks include Jamarius and his brethren, m a y b e ; until then???
Click to expand...

Honest folks will tell you that that guy (pointing) will be glad to do the check for you. Not all private sellers are stupid. Yeah, have heard tell of more than one would-be buyer just walking away, and the otherwise private seller thanking their lucky stars they were smart about it.

RR
 
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Publius

TB Fanatic
Was it New York Mayor Bloomberg that was big time anti gun and had people working for him to do his dirty work.
They tried for a number of years to get people in West Virginia to sell them any firearm so they can file criminal charges against them and they were doing the same in Virginia and trying to claim gun shows were a major supply of guns to criminals and they could never come up with the proof of such in fact Bloomberg's crew were always denied a sale because they were not residents of the state.
 
day late

day late

money? whats that?
subnet said:
"20,000 dealers currently operate without licenses"

??

Hows that work or are they calling any joe blow that sells a gun a dealer
Click to expand...

As far as the libs. are concerned it is simple. You have a gun. You sell the gun, privately. You sold a gun. You are a gun dealer. An EVIL, EVIL GUN DEALER. You MUST be punished or taxed out of business.
 
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