The administration of Vice President Joe Biden is proposing a regulation to address the urgent problem of gun violence in the United States. If enacted, this regulation has the potential to expand background checks to include a substantial number of additional firearms dealers.
The Bipartisan Safer Communities Act, a crucial piece of gun control legislation, was enacted into law by President Biden the year prior. This legislation encourageds states to enact red flag laws and expand background checks for individuals between the ages of 18 and 21.
President Biden issued an executive order on March 14 of this year directing Attorney General Merrick Garland to develop a plan to clarify the definition of those engaged in the business of selling firearms, thereby mandating the possession of a federal firearms license by such individuals.
The newly proposed regulation, which is currently being considered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), would require individuals selling weapons online or at gun fairs to obtain licenses and conduct background checks on buyers prior to concluding transactions.
The ATF estimates that this regulation could affect between 24,500 and 328,00 dealers, with a particular emphasis on those actively engaged in the firearms business, distinguishing them from private citizens with gun collections.
Attorney General Merrick Garland clarified the purpose of this regulation by stating, “Congress passed the Bipartisan Safer Communities Act to reduce gun violence, including by expanding background checks that prevent criminals from obtaining firearms.” This proposed regulation would fulfill Congress’ mandate to expand the scope of those requiring a license and background check prior to the sale of firearms.
Steven Dettelbach, director of the ATF, drew attention to the growing number of unlicensed private individuals who sell firearms for profit without registering with the federal government. Instead, they engage in illegal off-record transactions of firearms, endangering public safety, burdening law enforcement, and creating an unjust competitive environment for law-abiding licensed dealers.
A recent survey conducted by the Associated Press and the National Opinion Research Center in August 2023 reveals that approximately two-thirds of the general population favors stricter gun laws. Significantly more respondents believe that restricting firearm access would reduce homicides, violent crimes, and catastrophic massacres. This belief is consistent with the prevalent notion that preventing mass massacres and reducing gun violence are essential.
However, according to the results of the survey, Republicans are skeptical that restricting access to firearms would effectively reduce violent crimes and mass massacres.
According to a database maintained jointly by the Associated Press, USA Today, and Northeastern University, there have been at least 33 mass shootings in the United States since the beginning of 2023, resulting in the fatalities of at least 163 people, excluding the perpetrators.
Advocates for gun rights have spoken out against this new regulation, arguing that it would have minimal effects on reducing gun violence and could be perceived as an infringement on Second Amendment rights. Previous ATF regulatory modifications were met with legal challenges expressing comparable concerns.
During the next three months, the public can provide feedback on the proposed regulation.