President Joe Biden’s Bureau of Alcohol, Tobacco, Firearms, and Explosives unveiled new rules which will classify any person making a profit from selling guns to be “engaged in the business” of a firearms dealer.
The proposed rules unveiled on Wednesday seek to implement the provisions of the Bipartisan Safer Communities Act, which was framed as a compromise between Republicans and Democrats on firearm safety and school shooting prevention. The new rules would define any individual who sells even one firearm for any profit as “engaged in the business” of firearm sales, meaning they would have to receive a federal license and conduct background checks.
Erich Pratt, the senior vice president of Gun Owners of America, said in a press release that the move is one of several steps toward increasingly strict firearm regulations.
“First, they said five guns, but now, anyone who sells a single firearm in a given year and makes even a penny of profit will be subject to dealer requirements, including a background check,” he commented. “People need to realize this is just the next step in the anti-gunners’ longform playbook to enact backdoor universal registration of firearms, and eventually, to confiscate all firearms. They will not stop until that day.”
New restrictions and background check mandates for individuals selling firearms apply to online sales, gun shows, and other venues beyond brick-and-mortar stores. The proposed rule will be subjected to a ninety-day comment period before implementation.
The White House noted in a fact sheet published on Thursday that Biden signed an executive order “directing the Attorney General to move as close to universal background checks as possible within existing law” earlier this year. The release said that the new actions would close the purported “gun show loophole” and “internet loophole” in accordance with the order.
“This rule is a significant step toward reducing the percentage of firearms sold for profit without background checks,” the release said. “However, to fully address this problem, Congress must act. The President continues to call on Congress to enact universal background checks legislation, as well as other commonsense legislation to ban assault weapons and high-capacity magazines, require safe storage of guns, and end immunity from liability for gun manufacturers.”
The administration has often prioritized gun control over the past two years, using executive orders to circumvent Congress and implement tighter regulations, often after mass shootings.
Biden has repeatedly claimed that his part in creating a 1994 prohibition on “assault weapons” decreased the number of violent crimes. Yet a nonpartisan study conducted by the Justice Department later showed there was no significant impact on violent crime as a result of the ban.
The nation is meanwhile trending toward more conservative firearm laws in many states. Over half of states now have constitutional carry laws, most of which have been enacted within the last six years. Alabama, Ohio, Indiana, and Georgia passed constitutional carry last year, while Florida and Nebraska joined the four states earlier this year to recognize the right to carry legally owned firearms without permission from government officials.