US to end ‘gun show loophole’ that allows sales without background checks
The White House plans to eliminate a gap in current regulations that allows the sale of thousands of firearms at gun shows and online without undergoing federal background checks.
Under the new measure, approximately 23,000 vendors will be designated as licensed firearms dealers, necessitating background checks for their firearm transactions.
Attorney General Merrick Garland emphasized that individuals who primarily sell firearms for profit will be required to obtain licenses, stating, “If you sell guns primarily for financial gain, licensure is mandatory.”
Despite anticipating legal opposition from pro-gun organizations, the Biden administration expressed confidence in prevailing, citing previous successes in defending similar measures in court.
Expecting resistance from groups like the National Rifle Association (NRA) and objections from Republican senators, the administration remains steadfast in its commitment to the regulation.
Garland hailed the move as a “historic step” with the potential to save lives, citing federal data indicating a rise in the presence of illegal firearms at crime scenes.
Vice President Kamala Harris, heading the Office on Gun Violence Prevention, criticized unlicensed gun dealers for engaging in unchecked sales for an extended period. President Joe Biden, in a recent video address, urged Congress to swiftly pass legislation mandating universal background checks to complement the forthcoming regulatory changes.
The closure of the so-called “gun show loophole” will take effect 30 days after its publication in the federal registry. The administration has invoked the Bipartisan Safer Communities Act of 2022 to justify expanding background check requirements by clarifying the definition of a firearm dealer.
The law was passed with support from Republicans and Democrats after two high-profile mass shootings in May 2022 – an attack on a supermarket in Buffalo, New York, and a school shooting in Uvalde, Texas.
However, a spokesman for John Cornyn, a prominent Republican senator who worked on the Bipartisan Safe Communities Act, called the move “unconstitutional”.
Joined by Senator Thom Tillis, a fellow Republican who helped negotiate the bill’s passage, Mr Cornyn plans to introduce a joint resolution of disapproval under the Congressional Review Act.
The pair claim the new regulation attempts to “rewrite the law” and will “go against congressional intent”, according to a copy of their proposed resolution, which was reviewed by CBS News, the BBC’s US partner.
Randy Kozuch, the executive director of the NRA’s legal branch, said the move was an “attack on law-abiding gun owners” and that he was “working to use all means available to stop this unlawful rule”.
Around 80,000 licensed firearms dealers in the US are already required to conduct a background check.
There were more than 40,000 gun-related deaths in the United States last year, according to the Gun Violence Archive.