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The Biden administration has advanced a measure that broadens the requirements for background checks conducted by firearm sellers in the United States. This rule change makes it obligatory for additional gun sellers, including those at gun shows and non-traditional storefronts, to perform background checks on purchasers, aiming to seal a gap that has permitted a significant number of firearms to be sold each year by dealers without a federal license — who are not mandated to verify if the buyer is legally allowed to possess guns.
An ongoing effort to address the issue of gun violence in the nation, this rule also serves as a political move to reassure voters, including the younger demographic who are particularly affected by gun violence, that the government is actively working to reduce fatalities.
“This is going to keep guns out of the hands of domestic abusers and felons,” remarked President Joe Biden. He also stressed the importance of congressional action to enact universal background checks through legislation.
Attorney General Merrick Garland has clarified that the rule requires individuals who are primarily selling firearms for profit to acquire federal licensing and conduct background checks, regardless of the sales venue, whether online, at gun shows, or physical stores.
President Biden is incorporating the fight against gun violence as a key issue of his presidency and reelection campaign. This includes forming the inaugural office dedicated to gun violence prevention and calling for a ban on assault weapons — a step few Democratic politicians supported years ago.
There is an expectation of criticism and pushback from gun rights advocates who view any regulation as an encroachment on their Second Amendment rights. The Biden administration initially proposed the rule in August, following the significant bipartisan gun violence bill brought forth after the Uvalde, Texas school shooting.
This new stipulation follows the enhancement of the definition of individuals ‘engaged in the business’ of firearm sales, necessitating licensure by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and mandating background checks. The rule will take effect 30 days after its official publication.
The impact of the rule is projected to affect over 20,000 firearms dealers who had previously bypassed licensing and background checks. “This final rule does not infringe on anyone’s Second Amendment rights,” affirmed ATF Director Steve Dettelbach.
Indeed, a recent ATF report highlights the role of unlicensed dealers in illegal firearm trafficking, which has contributed to hundreds of shootings in the past five years. Gun control proponents view this rule as a significant step toward accomplishing universal background checks — a legislative goal long stymied by Republican opposition.
Despite anticipated legal battles with gun rights groups, Biden administration officials express confidence in the rule’s ability to withstand such challenges.
Frequently Asked Questions (FAQ)
- What is the new rule by the Biden administration on gun background checks?
The new rule by the Biden administration stipulates that individuals who sell guns predominantly for profit must conduct background checks on buyers, irrespective of their method of sale, after obtaining federal licensing. - Who will be affected by this rule?
The rule is expected to affect more than 20,000 dealers presently selling firearms without a license and without performing the required background checks, particularly at gun shows and online. - Why is this rule being implemented?
The aim is to close a loophole that has been instrumental in the sale of thousands of guns annually by unlicensed dealers to individuals who might not legally be permitted to possess firearms. It’s also part of the Biden administration’s dedication to reducing gun violence. - What will happen to non-compliant gun dealers under this new rule?
Non-compliant gun dealers will be required to obtain federal licensing and conduct background checks in line with the new regulation, or they will face penalties for operating without a license. - How has the gun rights community responded?
Gun rights advocates are likely to challenge the rule in court, as they have with past regulations, claiming that such measures infringe upon Second Amendment rights.
Conclusion
The recent action by the Biden administration to enforce additional background checks is a significant move targeting the reduction of gun violence in the U.S. While it seems poised to change the landscape of gun sales, especially at gun shows and online, it also sets the stage for legal and political contention. Ultimately, regardless of opinion on the rule, the primary goals of increasing safety and accountability in gun sales are at the forefront of this new policy implementation.