DOJ Proposes Vital Rule to Regulate ‘Gun Dealers’ and Close Dangerous Loopholes

  • The U.S. Department of Justice and ATF introduced a new rule to more specifically define who is “engaged in the business” of selling firearms, potentially encompassing even private sellers.
  • The proposed rule stipulates that selling or offering a single firearm for profit could require a federal firearms license, mandating background checks and other documentation.
  • The aim is to address the “gun show loophole” and “Internet loophole” which currently allows some unlicensed private sellers to bypass background checks.
  • Gun rights advocates argue this is an overreach and paves the way for universal registration and potential confiscation of firearms in the future.
  • The “loophole” has been criticized for potentially enabling individuals prohibited from owning firearms to obtain them without background checks.

The U.S. Department of Justice, prompted by the Bipartisan Safer Communities Act, has proposed a new rule that potentially broadens the definition of a “gun dealer”. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) believes that a growing number of individuals selling firearms for profit are not registering as required. Steve Dettelbach, the head of the ATF, expressed that the rule aims to determine when an individual is “engaged in the business” of selling firearms. Some critics argue that the rule is ambiguous, potentially categorizing any firearm seller as a “gun dealer” (Firearms News). This initiative follows concerns about unregulated firearm sales, notably the “gun show loophole” (ABC News) and “Internet loophole” (USA Today), which allowed unlicensed sales without background checks. Proponents claim the changes are necessary to ensure safety, while opponents, including Gun Owners of America (Gun Owners of America), perceive them as a threat to Second Amendment rights and an attempt at backdoor universal registration. The Biden administration’s efforts, aiming to bridge the gap to universal background checks, have been applauded by gun control advocates but face criticism from gun rights groups. The public will be given a 90-day window to comment on the proposed rule.

Firearms News:
Proposed Rule Redefining Gun Dealers Could Cover Nearly All Private Sales

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The U.S. Department of Justice has introduced a new rule following the Bipartisan Safer Communities Act, aiming to redefine the criteria for a "gun dealer." ATF Director Steve Dettelbach states that the rule seeks to address individuals profiting from firearm sales who have not registered as federal firearms licensees as required by law. However, critics argue that the 108-page rule remains vague and could potentially categorize any firearm seller as a "gun dealer," leaving much to ATF interpretation. While pro-freedom groups like Gun Owners of America condemn the rule as a threat to Second Amendment rights, gun control advocates see it as a necessary step to regulate unregulated firearm sales, such as the "gun show loophole" and "Internet loophole." The public will have 90 days to comment on the proposed rule.

RIGHT-CENTER BIAS FACTUAL REPORTING: MOSTLY FACTUAL

Gun Owners of America:
GOA CONDEMNS BIDEN ATF’S MOVE TO IMPLEMENT BACKDOOR UNIVERSAL BACKGROUND CHECKS

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The Biden administration has unveiled a proposal to implement what gun rights groups like Gun Owners of America (GOA) refer to as "backdoor universal background checks." Under this rule, any individual who sells a single firearm for profit, even to family members, would be categorized as "Engaged in the Business" of selling firearms. This designation would compel them to obtain a federal license, conduct background checks, and complete federal gun registration paperwork, significantly impacting private individuals looking to sell firearms. GOA criticizes this move, warning that it represents a step toward universal registration and eventual firearm confiscation. They call for lawmakers to defund the rule and repeal what they see as dangerous and unconstitutional legislation.

ABC News:
ATF proposes rule to close 'gun show loophole'

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The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has proposed a new rule aimed at strengthening federal firearms license (FFL) requirements for gun sellers, with the goal of closing what gun control advocates refer to as the "gun show loophole." The ATF's revised definition of those "engaged in the business" of firearms dealing is more specific and comprehensive, covering individuals who regularly trade firearms to predominantly earn a profit. This proposal clarifies that licensing and background checks are necessary for gun sales conducted not only in physical stores but also at gun shows, flea markets, through mail order, and over the internet. While praised by gun control supporters for expanding background checks, it faces criticism from gun rights groups like Gun Owners of America, who see it as a step towards backdoor universal registration and eventual firearm confiscation. The public will have a 90-day window to comment on this proposed rule.

LEFT-CENTER BIAS FACTUAL REPORTING: HIGH

USA Today:
DOJ proposes crackdown on gun shows, Internet sales

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The Department of Justice (DOJ) has introduced new regulations, in line with President Biden's gun control agenda and a bipartisan gun safety law from 2022, aimed at tightening oversight on unregulated firearm sales. Proposed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), these rules aim to define licensed gun sales more clearly and determine when someone is "engaged in the business." While most dealers comply with the law, the ATF seeks to address the rise in "off-book, illicit sales of firearms," as highlighted by ATF Director Steve Dettelbach. These regulations are part of a broader gun-safety package following recent shootings. The ATF intends to close the "gun show loophole" and "Internet loophole," focusing on cases where sellers predominantly earn a profit and engage in behaviors suggestive of circumventing the law. While gun control proponents applaud the move for expanding background checks, gun rights advocates criticize it, and the public will have a 90-day period to provide comments once the rule is published in the Federal Register.

LEFT-CENTER BIAS FACTUAL REPORTING: HIGH