‘Historic’ action by justice department closes ‘doggone dangerous’ loophole in Biden administration’s fight against gun violence
The sale of firearms on the internet and at gun shows in the US will in future be subject to mandatory background checks, the justice department said on Thursday as it announced a “historic” new action to keep weapons out of the hands of criminals.
The closing of the so-called gun show loophole, which exempts private transactions from restrictions that apply to licensed dealers, has long been a goal of the Biden administration, and is specifically targeted in the rule published in the federal register today.
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The White House estimates that 22% of guns owned by Americans were acquired without a background check and that about 23,000 more individuals will be required to be licensed as a dealer after the rule’s implementation.
This is correct. In addition all sales at gun show from a licensed FFL to a customer currently also require a background check. Currently the main two kinds of transfers that don’t require federal background checks nationwide are private party sales and gifts. Eg. Selling your neighbor a shotgun or gifting your dad a hunting rifle. I believe these were both carved out exceptions as a result of the limitations on the Feds due to the commerce clause. Several states have tighter restrictions.
The private sales were excluded because they didn’t want to give access to NICS to just anyone. States with more restrictions require you to pay a dealer or go to the sheriffs office to get approval.
I would expect too that the inability to effectively enforce those expectations was a motivating factor. The last time I bought a gun off some one I don’t know we went to a FFL to comply with state background law. Really only because neither of us knew for sure if the other was a cop. If you know the other person. It can be very hard to prove a transfer ever happen.
That’s an example of a state raising the floor for a personal sale. A good reason (depending on the state) for a current CCW/CHL permit too, as that paired with ID can in some states be sufficient verification without needing to go to an FFL for NICS.