Biden administration unveils plans for enhanced gun background checks

By Lindsay Whitehurst | Associated Press

The Biden administration has unveiled a new proposal aimed at combating the increasing gun violence across the United States. This proposed rule would require additional firearms dealers to conduct background checks on buyers.

The initiative comes as a response to President Joe Biden’s call for strengthening background checks following the bipartisan gun legislation passed last year.

The proposed rule from the Bureau of Alcohol, Tobacco, Firearms and Explosives would extend licensing and background check requirements to individuals who sell firearms online, at gun shows, or in other non-brick-and-mortar settings.

The firearm industry trade group expressed concerns about the proposal, suggesting that it might face legal challenges in its current form.

The bureau estimates that the rule could impact anywhere from 24,500 to 328,000 sellers, focusing on those engaged in the business of gun sales rather than individuals with personal collections.

Background checks play a vital role in preventing firearms from being sold to prohibited individuals, such as convicted criminals and teenagers. The director of the agency, Steve Dettelbach, highlights the importance of federally licensed firearm dealers maintaining records and selling guns with serial numbers, as these measures aid law enforcement in tracing weapons used in crimes.

Attorney General Merrick Garland emphasized that the legislation passed by Congress aims to reduce gun violence by expanding background checks, and the new rule is a step towards implementing that mandate.

A recent AP-NORC poll on guns reveals that a majority of Americans desire stricter gun laws, particularly regarding background checks, regardless of their state’s current gun laws. This desire may stem from the belief that fewer guns could lead to a decrease in mass shootings. According to a database maintained by the AP and USA Today in partnership with Northeastern University, there have been 33 mass killings in the US, resulting in at least 163 deaths (excluding shooters) in 2023 alone.

In a tragic incident over the weekend, a white man wearing a mask and displaying a swastika on his weapon fatally shot three Black individuals in Jacksonville, Florida. The shooter, who had legally purchased firearms despite a previous involuntary commitment for a mental health examination, later took his own life.

Last year, Congress passed the most comprehensive gun control legislation in 30 years following a devastating mass shooting at an elementary school in Uvalde, Texas. The 2022 law strengthened background checks for young gun buyers, aimed to prevent domestic violence offenders from accessing firearms, and facilitated the implementation of red flag laws at the state level.

President Biden maintains that the law does not go far enough, and the administration, led by White House Press Secretary Karine Jean-Pierre, remains committed to advocating for further gun control measures. Jean-Pierre asserts that the administration will spare no effort in addressing the epidemic of gun violence plaguing families, communities, and the entire country.

The Giffords Center to Prevent Gun Violence has welcomed the proposed rule change, applauding its effort to close a significant loophole. Executive Director Peter Ambler considers this a major step toward achieving universal background checks. Similarly, Kris Brown, president of the gun control group Brady, points out that over 20% of gun sales in the US currently occur without a background check.

Conversely, gun rights groups argue that the proposed rule would have minimal impact on solving the issue of gun violence. These advocates have previously challenged ATF rule changes that they believe encroach upon Second Amendment rights.

The National Shooting Sports Foundation, an industry trade group, expresses “significant concerns” about the proposed rule, suggesting that it goes beyond what the bipartisan legislation permits and could burden ordinary citizens with licensing requirements. The organization warns that it may challenge the rule in court if it is finalized in its current form.

The proposed rule will undergo a 90-day public comment period before any potential finalization.

Reference

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