The Biden administration has announced a new rule that redefines what it means to “engage in the business of selling guns.” Prepared by the Department of Justice (DOJ), the definition differentiates between the sale between individuals and sales of collectors.
This distinction aims to separate between those who will need a background check and those who will not. For example, if someone has a gun and wants to sell it to a friend or family member, they would not fall into this category. Neither would those who buy and sell collectible weapons.
That said, those who would enter into this business venture would be those offering to sell weapons to make money and offer their customers different options to buy firearms from them in the future. According to the new rule, they would “presumably need a license and background checks.”
In addition, the DOJ rule would add the aspect of presumption. In other words, the authorities would presume that an individual in this business already has these boxes crossed: wanting to “predominantly make a profit,” having an advertising website, buying advertising space and renting space at a gun show.
These provisions are an effort to close the “legal loophole in gun shows” and the “Internet loophole” as enshrined in federal law.
“The Bipartisan Safer Communities Act was passed by Congress to reduce gun violence, including by expanding the background checks that keep guns out of the hands of criminals,” said Attorney General Merrick Garland.
“This proposed rule implements Congress’s mandate to expand the definition of who must obtain a license and conduct a background check before selling firearms.”
As reported by The Hill, this is another step toward “a system of universal background checks for all gun sales as possible without requiring legislation from Congress.”
The announcement came after the government ordered the DOJ to conduct a comprehensive review to increase the number of background checks conducted before gun sales.