The Biden administration has approved the broadest expansion of federal background checks in decades in an attempt to regulate a fast-growing shadow market of weapons sold online, at gun shows, and through private sellers that has contributed to gun violence.
Under a new rule released by the Bureau of Alcohol, Tobacco, Firearms and Explosives, anyone “engaged in the business” of selling guns at a profit will be required to register as a federally licensed firearms dealer. This means that these sellers must conduct background criminal and mental health checks on potential buyers.
The new regulation, which is expected to face legal challenges, could add as many as 23,000 federal dealers to the 80,000 already regulated by the A.T.F. President Biden, who has been blocked from enacting universal background checks by Republicans in Congress, is using a provision of a bipartisan gun control law to close the so-called gun show loophole.
The purpose of the new rule is to bring legitimate sellers into the regulatory sunlight and to prevent brokers who knowingly traffic in criminal gun sales from evading background checks. Failure to register as a federal firearms dealer could result in up to five years in prison and $250,000 in fines.
Vice President Kamala Harris, who is leading White House efforts on gun policy, stated that the new regulation addresses a significant gap in the federal background check system and aims to prevent the unimaginable pain and suffering caused by gun violence.
The A.T.F. director, Steven M. Dettelbach, emphasized that the new rule is about protecting innocent, law-abiding Americans and upholding the rule of law. The administration believes the regulation is on solid legal footing, but it is expected to face legal challenges from groups opposed to gun control measures.
The announcement of the new rule comes as the administration seeks to deliver on policy promises to key constituencies, such as young voters and communities of color, on issues like gun violence. The administration’s gun control bill has provided the government with tools to combat illegal firearms, including a new drug-trafficking charge and enhanced background check provisions.
Overall, the new regulation represents a significant step towards addressing the issue of gun violence and preventing the illegal sale of firearms through unregulated channels.
