‘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.
As a liberal gun owner myself I agree with you 100%. The closet thing to enforcement, I think, would be what I posted earlier: hold the seller legally liable in some sense for any crime committed with a gun that was sold to an individual without a background check. Add additional penalties for if the background check would have disqualified the buyer from purchase.
Obviously the sale would have to be proven, but that’s the only thing I can come up with to “enforce” or encourage compliance.
Further, you could pass laws to hold gun owners liable for not reasonably or responsibly securing their firearms in a similar fashion. Sure if someone breaks into your house, prys open your safe or lock box and takes your gun, then you are protected. But if you let your 18 year old have cart blanche access to all of your guns (unlocked or maybe given him access) and he shoots up a school? You are an accessory/liable/criminally negligent.
I’m not a lawyer so I don’t know what that law would need to look like but it does seem like some level of progress.
We just got our first case law for just that - meet the Crumbleys.
I’m on board for safe storage laws and enforcement for those that break them, but it will be interesting seeing how this comes out from appeals, given the manslaughter charge.