In a significant move to tighten gun control measures, the Biden administration has taken decisive action to expand federal background checks in a bid to curb the alarming rise of gun violence across the nation. This initiative, praised by many, has been in the works and reflects a long-standing push for legislative reforms.
Congresswoman Mikie Sherrill (NJ-11), a vocal advocate for gun safety, commended these efforts, stating, "Background checks save lives. For too long, people have been able to slide through loopholes to avoid these critical safeguards if they purchased a firearm at a gun show or online.” Her passionate stance derives from her multifaceted experience—having served as a Navy helicopter pilot and federal prosecutor, she has firsthand knowledge of the dangers posed by illegal firearms.
The new regulations are tied to the recent congressional legislation known as the Bipartisan Safer Communities Act. Under this law, new rules will require that any individual “engaged in the business” of selling guns for profit must register as a licensed firearms dealer. This means they are now mandated to conduct thorough background checks on all purchasers. Previously, many private sellers and those operating at gun shows could sell firearms without such checks, fostering a shadow market that has contributed significantly to gun violence.
According to Biden's administration, the new rule could add as many as 23,000 additional federal dealers to the ranks of approximately 80,000 already monitored by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Implementing this measure, which drew over 380,000 public comments, expects to take effect in a month. Vice President Kamala Harris emphasized that this measure would close one of the most critical gaps in the federal background check system, acknowledging that gun violence has tragically become the leading cause of death among children in the U.S.
During a press call, Harris remarked, “This single gap in our federal background check system has caused unimaginable pain and suffering.” She expressed confidence that this initiative would spare countless families and communities from the heartbreak associated with gun violence in the future.
Despite the enthusiasm from the administration and advocates, the legislation is expected to encounter legal opposition. Notably, Republican Senator John Cornyn, who played a key role in the passage of the Bipartisan Safer Communities Act, has criticized the administration for what he perceives as overreach in interpreting the term “engaged in the business.” He stated that the goal was to provide clarity and predictability in gun laws, rather than to create a backdrop for additional regulations that could hinder law-abiding citizens.
Historically, unregulated private sellers have been able to bypass background checks, leading to grave outcomes. A recent analysis indicated that a staggering four out of ten gun cases investigated by the ATF from 2017 to 2021 stemmed from such unregulated sales. This emerging trend highlights the urgent need for reforms in the background check system.
The implementation of the new regulations is a vital step that aims to prevent unlicensed dealers from exploiting the legal gaps that have left firearms in the hands of individuals who should not possess them, including criminals, minors, and those suffering from mental health issues. The ATF posits that the measure seeks to pull legitimate sellers into the regulatory fold while simultaneously depriving illegal brokers of the ability to operate under the radar.
Crucially, previous requirements stipulated that dealers had to derive their primary income from gun sales to fall under the purview of federal regulations. The new criteria, however, significantly lowers the bar. Now, individuals must only demonstrate that they predominantly profit from their gun sales to be classified as commercial dealers.
Failure to comply with the registration requirements could carry serious ramifications, including fines of up to $250,000 and a potential prison sentence of five years.
Steven M. Dettelbach, the newly appointed director of the ATF, has been overseeing the implementation of more stringent measures since his confirmation—the first in nearly a decade. Dettelbach's goals for the ATF include not only regulating commercial transactions more effectively but also tackling the issue of “ghost guns,” which are self-assembled firearms that have been increasingly popular in illicit markets.
Despite being rooted in recent legislation, the new rules are predicted to ignite a flurry of legal battles from opposition groups. Organizations such as Gun Owners of America have already expressed intentions to mount legal challenges, arguing that the regulations constitute a “backdoor” approach to implementing universal background checks.
The backdrop for this initiative cannot be understated. The Biden administration has positioned this new regulatory framework as part of broader efforts to address gun violence, an issue that resonates deeply with a broad constituency of voters, particularly in the wake of multiple high-profile shootings. The push for reform represents a significant aspect of Biden’s policy agenda, aiming to resonate with younger voters and communities of color, who are heavily affected by gun violence.
As the government moves to enact these regulations, the current landscape of gun control in the United States remains fraught with contention. Recent legislative developments reveal a complex interplay between advocates for stricter regulations and those who argue for the protection of Second Amendment rights. As the Biden administration embarks on a path towards stricter enforcement of gun control measures, it remains to be seen how effective these regulations will be in balancing the rights of gun owners while prioritizing public safety.
Congresswoman Mikie Sherrill views these measures as a tangible step toward reducing gun violence and enhancing safety for all. She noted, “America is a dramatic outlier in our levels of gun violence compared to peer nations.... We are a step closer to addressing this devastating problem, bolstering public safety, and better protecting families and law enforcement.”
The urgency of discussing gun violence and enforcement of background checks in particular has taken on new life as the country continues to grapple with its epidemic of gun-related deaths. This new rule represents a crucial piece in the ongoing puzzle of how to reform an entrenched system marked by political divisions, lobbying pressures, and the deeply held beliefs surrounding the rights to bear arms.
As the new rule prepares to roll out in the coming weeks, advocates are hopeful that it will serve as a turning point in the ongoing national conversation about firearms and safety. Meanwhile, the anticipated congressional pushback is likely to set the stage for an intense legal battle.
Despite the challenges ahead, the measures implemented by the Biden administration signify a critical juncture in the years-long effort to establish a more robust framework for preventing gun violence across the United States. Whether this initiative serves as a deterrent to illegal gun sales or ushers in further legal conflicts remains an open question, but one that will likely shape the national dialogue around gun control for months, if not years, to come.