Feds expand background checks for gun sales online and at gun shows

Apr 11

Lauren Taylor Anchor/Reporter

By Lauren Taylor (Anchor/Reporter), William Jackson (Producer), Ian Kennedy (Video Editor)

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United States Attorney General Merrick Garland emphasized the dangers of black-market firearms during a Thursday, April 11 announcement by the Justice Department, aimed at closing the “gun show loophole.” The new federal rule mandates more stringent background checks for online and gun show sales, expanding the definition of licensed firearms dealers.

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Under the rule, sellers seeking profit from gun sales are required to obtain a federal license and conduct background checks. This will impact an estimated 23,000 unlicensed dealers.

Today, the Justice Department has announced the “Engaged in the Business” Final Rule – an updated and clear definition of who must obtain a license and conduct a background check before selling firearms.

🔗: https://t.co/kft2H0HteD pic.twitter.com/10c4f4kcNs
— U.S. Department of Justice (@TheJusticeDept) April 11, 2024

The regulation, set to take effect 30 days after publication in the federal registry, has been hailed by Garland as a “historic step” in the fight against gun violence, ensuring all gun sales — online, at gun shows or in stores — follow the same licensing and background check procedures.

However, the move has drawn criticism and potential legal challenges, with opponents calling it unconstitutional.

Sens. John Cornyn, R-Texas, and Thom Tillis, R-N.C., are pushing back. The senators proposed a joint resolution under the Congressional Review Act to contest the new rules, which stem from the 2022 Bipartisan Safer Communities Act.

Cornyn originally supported the measure but now criticizes it for exceeding its intended scope regarding gun ownership rights.

The White House noted that 22% of guns owned by Americans were acquired without background checks. Cornyn, a staunch gun rights advocate, argued that focusing on law-abiding gun owners is misguided, pointing to studies highlighting a small fraction of individuals being responsible for a significant portion of gun violence.

“In Washington, D.C., for example, in 2021, a study found that only 500 people were responsible for up to 70% of the gun violence in the district,” Cornyn said. “In Boston, a 28-year-old study found that half of the city’s homicides were committed by 1% of the population involved with gangs primarily.”

Tags: Gun control, Gun laws, Gun sales, Guns, Joe Biden, Merrick Garland, U.S. Department of Justice

MERRICK GARLAND

“Too often, these black-market guns are found at crime scenes. And too often, these black-market guns are responsible for heartbreaking tragedies.

[LAUREN TAYLOR]

THE JUSTICE DEPARTMENT ANNOUNCED THURSDAY A PLAN TO CLOSE THE SO-CALLED “GUN SHOW LOOPHOLE,” REQUIRING TIGHTER BACKGROUND CHECKS FOR GUN SALES ONLINE AND AT GUN SHOWS.

THE NEW RULE EXPANDS THE DEFINITION OF LICENSED FIREARMS DEALERS,

THE MOVE REQUIRES SELLERS WHO SELL GUNS TO QUOTE “PREDOMINANTLY EARN A PROFIT” TO GET A FEDERAL GUN DEALER LICENSE AND RUN BACKGROUND CHECKS.

AS A RESULT, AN ESTIMATED 23-THOUSAND PREVIOUSLY UNLICENSED SELLERS WILL BE IMPACTED.

THE NEW BACKGROUND CHECK RULES ARE SET TO TAKE EFFECT IN 30 DAYS.

ATTORNEY GENERAL MERRICK GARLAND CALLING IT A “HISTORIC STEP.”

MERRICK GARLAND

“Under this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store. If you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks. This regulation is a historic step in the Justice Department’s fight against gun violence. It will save lives.”

[LAUREN TAYLOR]

THE NEW RULE IS FACING PUSHBACK AND POTENTIAL LEGAL CHALLENGES, WITH CRITICS LABELING IT UNCONSTITUTIONAL. IN RESPONSE, SENATORS JOHN CORNYN AND THOM TILLIS ARE PROPOSING A JOINT RESOLUTION TO CONTEST THE RULE, GIVING CONGRESS 60 DAYS TO ACT.

CORNYN — A GUN RIGHTS ADVOCATE AND A SUPPORTER OF THE 2022 BIPARTISAN SAFER COMMUNITIES ACT — WHERE THESE NEW RULES ORIGINATE — HAS CRITICIZED THE ADMINISTRATION FOR OVERREACHING SAYING LAW-ABIDING GUN OWNERS ARE NOT THE PROBLEM.

SENATOR JOHN CORNYN

“In Washington, D.C., for example, in 2021, a study found that only 500 people were responsible for up to 70% of the gun violence in the district. In Boston, a 28 year old study found that half of the city’s homicides were committed by 1% of the population involved with gangs primarily.”

[LAUREN TAYLOR]

THE WHITE HOUSE REPORTS THAT ABOUT 22-PERCENT OF AMERICAN-OWNED GUNS WERE BOUGHT WITHOUT BACKGROUND CHECKS.