The Justice Department has unveiled a new rule aimed at updating the definition of “engaged in the business” as a firearms dealer in order to enhance compliance with federal background check requirements for firearm sales. Attorney General Merrick B. Garland emphasized the significance of the regulation, stating, “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.”
Deputy Attorney General Lisa Monaco praised the rule for closing loopholes and enhancing background checks, asserting that it will save lives by ensuring that all individuals involved in selling guns obtain a federal license and conduct background checks. Monaco commended the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for their diligent work in drafting the rule and reviewing public feedback.
Director Steven Dettelbach of the ATF highlighted the importance of the Final Rule in combating gun violence, stating, “This is about protecting the lives of innocent, law-abiding Americans as well as the rule of law. There is a large and growing black market of guns that are being sold by people who are in the business of dealing and are doing it without a license; and therefore, they are not running background checks the way the law requires. And it is fueling violence.”
The Final Rule, which aligns with the Bipartisan Safer Communities Act and Executive Order 14092, expands the definition of engaging in the business of firearms dealing to encompass individuals who primarily earn a profit through repetitive purchase and sale of firearms. The rule clarifies the conduct that necessitates a federal firearms license and aims to ensure compliance with existing laws to prevent firearms from falling into the wrong hands.
Federally licensed firearms dealers play a crucial role in promoting public safety by conducting background checks on potential purchasers and maintaining records of sales transactions. The Final Rule seeks to uphold public safety measures by identifying conduct that requires a federal firearms license and providing clarity on the obligations of licensees.
The Final Rule will come into effect 30 days after its publication in the Federal Register. The Justice Department's thorough rulemaking process, which involved a significant number of public comments, underscores the importance of this regulatory update in safeguarding communities and preventing gun-related violence.