‘Historic’ action by justice department closes ‘doggone dangerous’ loophole in Biden administration’s fight against gun violence

‘Historic’ action by justice department closes ‘doggone dangerous’ loophole in Biden administration’s fight against gun violence

The sale of firearms on the internet and at gun shows in the US will in future be subject to mandatory background checks, the justice department said on Thursday as it announced a “historic” new action to keep weapons out of the hands of criminals.

The closing of the so-called gun show loophole, which exempts private transactions from restrictions that apply to licensed dealers, has long been a goal of the Biden administration, and is specifically targeted in the rule published in the federal register today.

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The White House estimates that 22% of guns owned by Americans were acquired without a background check and that about 23,000 more individuals will be required to be licensed as a dealer after the rule’s implementation.

  • Milk_Sheikh@lemm.ee
    21·
    7 months ago

    The actual text of the rule (all 466 pages) does a decent job of closing out loopholes, but it does (in theory) provide an avenue to address unlicensed dealers.

    pg. 457

    Whether a person is engaged in the business as a dealer under paragraph (a) of this section is a fact-specific inquiry… there is no minimum number of transactions that determines whether a person is “engaged in the business” of dealing in firearms. At all times, the determination of whether a person is engaged in the business of dealing in firearms is based on the totality of the circumstances.

    This is a good framework for a prosecutor to build from, but it’s not a firm line that immediately introduces legal peril like say, a “10 guns max per year sold” limit would once crossed. This will prevent bad enforcement against honest sellers, but lets off the ‘smaller fish’ who aren’t in flagrant violation and a prosecutor may not feel is a good case to try for conviction.

    It will likely survive in a post-Mock v. Garland legal landscape, but its timidity was doubtlessly influenced by the legal beatdown the DoJ got on that other issue the last few years. ATF needs primary legislation to build from for enforcement, especially as scotus are eying up the Chevron doctrine that has guided courts and bureaucrats for decades.