White House suggests groundbreaking rule for Americans selling firearms.

The Biden Administration Proposes Stricter Gun Control Measures

The Biden administration has recently⁣ put forth a rule that ⁢would have ​a significant impact on gun control in the United States. Under ⁤this ⁢proposal, any American who sells guns would be ‌classified as a firearms dealer, tightening regulations ⁣surrounding gun sales.

Currently, individuals can sell firearms for profit without‍ being registered​ as a firearm dealer. However, ⁣the new rules ‌would categorize gun sales as business ‍activities, requiring individuals to obtain a license and ‌undergo background checks.

“Specifically, the proposed⁢ rule,‌ if finalized, would clarify that an individual would be presumed to be‍ ‘engaged in the business’ of‍ dealing in firearms—and therefore ‌be required to become a‍ licensed firearms dealer⁤ and ‌run background‍ checks—if they meet certain conditions,” said ⁢an Aug. 31 White House statement.

Changes to the Definition of a ‍”Firearms Dealer”

The proposed rules would apply‌ to‌ individuals⁢ who repeatedly ​sell firearms within ​30 ⁣days of purchase, sell new firearms in their original packaging, ‍or sell multiple firearms of ⁣the same make and model. Additionally,‌ individuals who were ​previously federally-licensed firearms dealers would fall under this categorization if they sell firearms from their business inventory that were not transferred to⁤ a personal collection at least a year before the sale.

The Department of Justice’s ‍Bureau of ‍Alcohol, Tobacco, Firearms and Explosives ⁤(ATF) Director, ‌Steven⁢ Dettelbach, explained ⁤the reasoning behind these proposed⁣ changes:

“An increasing number of individuals engaged in the business of selling firearms for profit have chosen not to register as federal​ firearms licensees, as required by law. Instead, they have sought to make money through the off-book, illicit sale of firearms. These activities undermine the law, endanger public safety,‌ create significant burdens​ on law enforcement, and⁢ are unfair to the ⁢many licensed dealers ⁤who make considerable efforts ​to follow the law.

“The Gun Control ⁤Act’s exceptions to the license‌ requirement exist to allow all law-abiding Americans to exercise their Second Amendment rights—not to facilitate the intentional evasion of the background-check system. This new proposed rule⁤ would clarify⁣ the ⁣circumstances in ‌which a person is ‘engaged in the business’ of‍ dealing in firearms,​ and ‍thus ⁤required to obtain a license and follow ‍the laws Congress has established for firearms dealers.”

However, critics of the administration’s ‌gun control‌ move, such as Gun ​Owners of America, argue that these regulations will further enhance⁢ the ATF’s illegal gun registry and​ make it more difficult​ for ⁤private individuals to sell guns. They claim that these rules effectively force individuals to ‌either ‍become licensed gun dealers ⁢or​ go‌ through the inconvenience of coordinating trips to find a gun store.

Erich Pratt, the Senior Vice⁤ President of ‍Gun Owners of America, expressed concerns about the proposal:

“First, they said five guns, but now, ​anyone who sells a single⁣ firearm in a given year and makes even a penny of profit will be subject to dealer requirements, including a ‌background ‌check.”

Ending the “Gun Show” and “Internet” Loopholes

The Biden administration⁢ aims to ‍close the so-called “gun show loophole” and ⁤”internet loophole” through these proposed rules. Currently, federal ‌law does not require unlicensed private firearms sellers to conduct background checks on gun purchasers. The new definitions would⁤ not apply⁤ to individuals who are not‌ selling guns ⁢for profit,​ such⁢ as those selling firearms to family members or engaging in ⁤the buying and selling of collectible firearms as a ⁤hobby.

Attorney⁣ General⁣ Merrick B. Garland emphasized the ⁣purpose ‍of ‌the Bipartisan Safer Communities Act ⁤(BSCA), which expanded the definition ‍of “engaging in the‌ business of firearms dealing”​ to cover​ those who primarily earn a profit from dealing in firearms:

BSCA “was passed by Congress to reduce gun violence, including by expanding the background checks that keep guns out of the hands of criminals. This proposed rule‍ implements Congress’s mandate to expand the definition of who must obtain a license and conduct a background check before selling firearms.”

Second Amendment ​advocates worry that these ​new rules‌ could effectively​ outlaw private firearm transfers. Aidan Johnston, the Director of Federal Affairs for Gun Owners‍ of America, expressed concerns about⁢ the complexity of obtaining‍ a Federal Firearms License (FFL) and following government rules.