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The Justice Department has announced a rule change to tighten regulations on gun sales, targeting the “gun show loophole.” This update seeks to broaden the definition of those considered to be “engaged in the business” of selling firearms. Now, sellers at gun shows, flea markets, and online will need to obtain a federal firearms license.
This requirement comes with the obligation to conduct background checks on buyers, a measure the administration believes will significantly curb gun violence. Attorney General Merrick Garland emphasized the rule’s sweeping impact, stating, “Under this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store: If you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks. This regulation is a historic step in the Justice Department’s fight against gun violence. It will save lives.”
Set to go into effect in 30 days, the rule faces potential hurdles from both the courts and Congress. Senator John Cornyn and others have already voiced opposition, planning a joint resolution to overturn the new regulation. Despite this, the Biden administration says they are confident in the rule’s legal foundation and its compliance with the Second Amendment, supported by the Bipartisan Safer Communities Act’s expanded definition of firearms dealing.
This legislative action is part of a broader strategy by the administration to mitigate gun violence, addressing what they deem as “critical loopholes” and enhancing gun safety measures. Other efforts include the targeting of unlicensed gun dealing and initiatives against untraceable “ghost guns.”
Following the news, Vice President Harris said, “It does not have to be this way. We know how to prevent these tragedies, and it’s a false choice to suggest you’re either in favor of the Second Amendment or you want to take everyone’s guns away. I am in favor of the Second Amendment, and I am in favor of reasonable gun safety laws.”