Gun sellers, whether in stores, specialized flea markets or online, must verify the criminal background of anyone they sell to, according to a new policy from the Joe Biden administration.
“I am proud to announce that all gun sellers are now required to conduct background checks no matter where or how they sell their merchandise,” Vice President Kamala Harris said in a call with reporters.
The vice president recalled several shootings around the country, including those in Ohio, Illinois and Texas, that could have been prevented if there had been proper background checks when the shooters purchased the guns.
“Many communities have been torn apart by acts of violence committed with weapons purchased without background checks,” said the vice president.
Harris heads the White House Office of Gun Violence Prevention and was responsible for announcing the new plan whose oversight will be carried out by the Department of Justice.
“Under this regulation, it will not matter whether guns are sold on the Internet, at a gun show, or in a brick-and-mortar store: If you sell guns primarily for profit, you must have a license and you must conduct background checks,” the Attorney General Merrick B. Garland. “This regulation is a historic step in the Department of Justice’s fight against gun violence. It will save lives.”
The Office of Alcohol, Tobacco, Firearms and Explosives (ATF) also collaborates in the plan, put together under the umbrella of the Bipartisan Safer Communities Act.
“This is about protecting the lives of innocent, law-abiding Americans and the rule of law,” said ATF Director Steven Dettelbach. “There is a large and growing black market for weapons that are sold by people who are in the business of selling and do so without a license; and therefore, they are not conducting background checks as required by law and that is fueling the violence.”
What does the new regulation require?
On September 8, 2023, the Department of Justice published the notice of Final Rule in the Federal Register, which received public comments for 90 days.
In total, 388,000 comments were received, which must be integrated into a final rule that is published this April 11 and will go into effect 30 days later.
The Bipartisan Safer Communities Act (BSCA) was signed into law on June 25, 2022 and, among other things, expanded the definition of engaging in the business of selling firearms to cover all people who dedicate themselves to it.
“The Final Rule aligns ATF regulations with the new definition of BSCA and further clarifies conduct that presumptively requires a license under that revised definition, among other things,” the DOJ said.
It even establishes the circumstances under which a license is required, including new concepts, such as personal collection of weapons.
“It also provides clarity on what licensees must do with their inventory when they go out of business,” it adds.
This is reinforced by the requirement that gun license holders submit background checks on potential buyers to the FBI’s National Instant Criminal Background Check System.
Also have a record of sales transactions, to be able to track equipment used in a crime, as well as follow safe storage guidelines.
Weapons sellers will have greater control with the new licenses.