Since the Columbine High School shooting in Colorado created the “gun present loophole” a quarter of a decade ago, the Biden administration has simply announced it will formally put an end to the practice following years of silence by Congress.
A new national rules published by the Department of Justice on Thursday, titled “Final Rule: Definition of ‘Engaged in the Business ’ as a Dealer, ” aims to significantly lower the number of weapon sold without a background search and is in line with the Biden White House’s plan to pass the Bipartisan Safer Communities Act.
“I’ve spent time with people who’ve lost loved ones to firearm violence. They all have the same concept: ‘Do everything. My management is taking action now to reduce the number of firearms sold without background checks. This will prevent firearms from being owned by private offenders and offenders. And my management will continue to do everything in its power to save life. President Joe Biden stated in a  that Congress needs to finish the work and go universal background checks policy right away. speech.
According to the White House, gaps in the nation’s gun laws make it possible for “domestic abusers, class shooters, violent criminals, and weapon traffickers” to receive firearms at local weapon shows without conducting criminal background checks, and those same gaps make it possible for some gun sellers to defraud and function without a license to offer in firearms.
The Bipartisan Safer Communities Act of 2022 includes a provision describing who is required to maintain a dealer’s license and allowing for a broader description of what qualifies as a firearm dealer. In 2023, Biden signed an administrative order fast-tracking application of the rules. The Final Rule news this month “clarifies the kind of conduct that a person must have to obtain a license to sell weapons and conduct background checks. ” ”
The concept is the “largest development of history investigations since the Brady Bill a list of business activities that may make a man a gun dealer is included in the list. For example, if a gun owner were to frequently buy and sell the same model firearm, or offer to procure and sell more firearms during a private sale, or if they “repeatedly ” sell firearms within 30 days of purchase, they may require a license.
The law states that there is no “gun present” or “online sales loophole” and that any business activity may need a ; Federal Firearms License will then also be required if it were conducted in a brick and mortar facility.
“ Under this legislation, it will not matter if guns are sold on the internet, at a gun present, or at a brick-and-mortar business: if you sell guns mostly to make a profit, you may become licensed, and you must conduct background checks, ” Attorney General Merrick Garland said when announcing the rule’s obedience to the Federal Register. “This regulation is a historic step in the Justice Department’s fight against gun violence. It will save lives. ”
According to Dudley Brown, President of the The rule, according to the National Association for Gun Rights, will outlaw virtually all private sales of firearms between individuals. ”
Jim Wallace, executive director of Massachusetts based The more than 400-page rule will require time for the gun owner to digest, according to the gun owner’s action league, who is curious about how the bill defines a dealer.
“There are already licensing requirements” for selling firearms, Wallace said.
The National Rifle Association’s spokesperson claimed that the rule is an attempt to” coerce Americans to forgo legal activity” and that they are already working to stop it using all means. ”
House Minority Whip Katherine Clark, D-Mass. praised the decision, asserting that the rule “honors the will ” of the majority of Americans and that it will save lives, but warned that more needed to be done.
According to Clark, Congress needs to build on that progress by fully removing the boyfriend loophole, passing a nationwide red flag law, removing large-capacity magazines from the streets, and reenacting the federal assault weapons ban.
The final rule will go into effect in 30 days , according to the DOJ.
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