President Joe Biden and the U.S. Department of Justice have put forth a rule
modification that would alter the requirements for obtaining a Federal
Firearms License (FFL). Advocacy groups such as Everytown for Gun Safety,
Giffords, and Brady United laud the rule as an essential step in closing
perceived gaps, like the "gun show loophole" and online sales, which they
argue undermine universal background checks.
This modification stems from the
Bipartisan Safer Communities Act, a law previously endorsed by
Senators Chris Murphy (D-CT)
and
John Cornyn (R-TX). The act revised the federal definition of a firearms dealer by altering
the legal wording, making it easier for the government to enforce licensing.
While some Republicans at the time dismissed concerns over how the altered
language might be exploited, the Biden Administration is now using this
change for the proposed rule.
Under the new rule, people who sell multiple items from a specific category
of firearms or who wish to liquidate a collection will require an
FFL. This is particularly relevant for collectors and could prevent them from
legally transferring firearms without an FFL. Furthermore, the proposed rule
would necessitate an FFL for sellers who utilize "online auctions," focusing
attention on websites like
Armslist that serve
as online marketplaces for firearms but don't directly sell them.
The impact on private sales could be significant, particularly at gun shows.
Anyone renting a table there would be presumed to be in the business of
selling firearms, thus requiring an FFL. This could effectively halt most
private sales. Meanwhile, the rule proposes strict guidelines that suggest a
seller is in the "business of selling firearms," potentially making it more
challenging for individuals to sell firearms privately. The increased
regulatory scrutiny could also discourage people from applying for an FFL
due to the high level of record-keeping and the risk of unannounced
inspections.
Critics point out that most firearms used in crimes are obtained illegally,
often through theft, rather than through legal channels. Therefore, they
argue that the rule may not effectively prevent criminals from acquiring
firearms but could inhibit legal sales and transfers among law-abiding
citizens. The proposal does include an exemption for family gifts, which
constitute a minor portion of overall firearms transfers. Once the rule is
published, there will be a 90-day public comment period before any final
rule is issued.
No comments:
Post a Comment