‘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.
…
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.
The occasional private party sale from a “personal collection” isn’t what this is designed to stop. It’s intended to close the loopholes that required no background checks in certain transactions, which:
Allowed people to function like online dealers, buying and selling volumes of guns, but claiming they are selling from personal collections.
Allowed for the very common “gun shows,” which are frequent and widespread, to be used by #1 to sell guns to people in person not just online but to large, interested, and gathered crowds of people. These things are basically pop-up malls for guns, with a mixture of legitimate firearm businesses running background checks and tables of guns from a “private collection.”
It prevents the “fire-sale loophole,” where gun stores, often ones that lose their license for other violations, close their business and liquidate their guns at steep discounts without background checks by claiming that the guns revert to private collection.
The purpose of this rule revision is to get rid of those loopholes, which is how the overwhelming majority of guns sold without background check happen.
The occasional sale between private parties from a personal collection, defined as a collection whose purpose is study, comparison, exhibition, or in pursuit of hobby like hunting and sport shooting isn’t the issue here. That doesn’t appear to be where most guns involved in crime that were purchased without a background check originate from.