The Biden Administration has announced significant measures aimed at closing what has commonly been referred to as the “gun show loophole.” This initiative involves tightening the definition of what it means to be “engaged in the business” of selling firearms, a move expected to have profound implications for gun sales across the United States. The Bureau of Alcohol, Tobacco and Firearms (ATF) has recently implemented changes in federal register language, aligning it with the Bipartisan Safer Communities Act enacted in 2022.

Background and Rationale
Prior to the enactment of the Bipartisan Safer Communities Act, individuals considered “engaged in the business” of firearm dealing were mandated to register as federally licensed firearm dealers. However, the definition of this engagement was relatively broad, leaving room for ambiguity and potential exploitation. The revised definition, as per the ATF’s recent modifications, seeks to provide greater clarity and oversight in accordance with the new federal law.

Proposed Rule and Public Response
The administration introduced the proposed rule in September 2023, prompting a significant public response with over 300,000 comments received. The rule explicitly delineates the types of commercial activities that necessitate federal licensure, thereby closing avenues for individuals to evade licensing and background check requirements. Furthermore, it combats false claims of guns being part of personal collections to circumvent background check obligations.

Impact and Implications
By adopting a more precise definition, the administration anticipates an increase in the number of individuals required to obtain federal selling licenses and conduct background checks on buyers. President Joe Biden underscored the significance of these measures in addressing gun violence, emphasizing their potential to keep firearms out of the hands of domestic abusers and felons.

Legal and Regulatory Framework
Attorney General Merrick Garland affirmed the legality and efficacy of the regulations, emphasizing their alignment with the Second Amendment. The administration asserts that the rules are designed to enhance public safety without infringing upon constitutional rights.

Closure of Loopholes
The new regulations not only address the gun show loophole but also target the fire sale loophole, providing clarity on the procedures for firearms dealers who go out of business or lose their licenses. This comprehensive approach underscores the administration’s commitment to closing regulatory gaps and bolstering accountability in the firearms market.

Enforcement and Oversight
With over 80,000 licensed gun dealers in the country and an estimated 20,000 unlicensed sellers operating through various channels, robust enforcement mechanisms are essential. The Department of Justice remains vigilant in ensuring compliance with the new regulations and stands prepared to address potential legal challenges.

The Biden Administration’s efforts to close the gun show loophole represent a significant step towards enhancing public safety and curbing gun violence. By refining the definition of “engaged in the business” and strengthening regulatory oversight, the administration aims to prevent the unauthorized sale of firearms and protect communities across the nation.

In the words of President Biden, “Congress needs to finish the job and pass universal background checks legislation now.” These regulations, coupled with legislative action, are essential in safeguarding the lives of Americans and upholding the principles of responsible gun ownership.