Biden’s new gun control rules could add 23,000 new federal dealers, but critics warn of constitutional overreach.
At a Glance
- Biden administration expands federal background checks for gun sales
- New rules target online, gun show, and private sellers
- ATF to require profit-making sellers to register as licensed dealers
- Regulation could add up to 23,000 new federal dealers
- Critics argue rules infringe on Second Amendment rights
Biden’s Gun Control Expansion: Closing the “Gun Show Loophole”
The Biden administration has approved a significant expansion of federal background checks for gun sales, aiming to close what Democrats call the “gun show loophole.” The new rule, set to take effect in a month, targets the regulation of weapons sold online, at gun shows, and through private sellers. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) will now require sellers “engaged in the business” of selling guns for profit to register as federally licensed firearms dealers.
This expansion could add up to 23,000 new federal dealers to the existing 80,000 regulated by the ATF. These newly registered dealers will be required to conduct background checks on potential buyers, including criminal and mental health checks. The move is part of an executive order issued by Biden in March 2023 following several mass shootings.
We must ban assault weapons and high-capacity magazines again, require safe storage of firearms, enact universal background checks, and end immunity for gun manufacturers.
Thoughts and prayers are not enough.
— President Biden (@POTUS) September 4, 2024
Bipartisan Safer Communities Act: The Foundation for New Rules
The Biden Department of Justice introduced two new gun control rules in December, linked to the Bipartisan Safer Communities Act (BSCA) signed in 2022. This gun control package, supported by Sen. John Cornyn (R-TX) and some Democrats, laid the groundwork for the administration’s latest actions. The two rules were released as a “Notice of Proposed Rulemaking” (NPRM) on December 16, 2024.
The first rule, the Firearm Handlers Rule, allows federal firearm licensees to use the National Instant Criminal Background Check System (NICS) for voluntary employment background checks. The second rule, the Under-21 Rule, enhances NICS background check procedures for firearm purchasers under 21 years of age.
The BSCA requires NICS to conduct enhanced background checks for under-21 purchasers by contacting state and local entities for juvenile records. This move is intended to create a more comprehensive screening process for younger gun buyers.
“Under the BSCA, NICS is required to conduct enhanced background checks for such under-21 purchasers, by contacting certain state and local entities to determine if a juvenile record, such as a criminal conviction or mental health record, may disqualify the purchaser from possessing a firearm,” the Department of Justice said in a statement.
However, critics argue that these new regulations would not have prevented tragic incidents like the Uvalde school shooting on May 24, 2022. They contend that the administration’s focus on expanding background checks fails to address the root causes of gun violence while infringing on law-abiding citizens’ Second Amendment rights.
Constitutional Concerns and Potential Legal Challenges
The new rule is expected to face significant legal challenges from Second Amendment advocates and gun rights organizations. Critics argue that the Biden administration is overstepping its constitutional authority by effectively redefining what it means to be “engaged in the business” of selling firearms. They contend that this expansion of federal oversight infringes on individual liberty and the right to bear arms.
It’s obvious Biden is trying to do all he can to cement Democratic extremism into law before he leaves office.
