(Ken Silva, Headline USA) The Biden administration has finalized a regulation that could effectively ban the private sale of firearms.
The rule from the Bureau of Alcohol, Tobacco, Firearms and Explosives could effectively ban private gun sales by expanding the definition of who would be classified as a “dealer” under federal law. Dealers are required to obtain a license to become a Federal Firearms Licensee, or FFL.
Right now, people are required to become an FFL only if dealing firearms is their principal livelihood. But the ATF is changing that rule so that “even a single transaction, or offer to engage in a transaction, when combined with other evidence, may be sufficient to require a license” as an FFL.
The rule aims to close a loophole that has allowed tens of thousands of guns to be sold every year by unlicensed dealers who don’t perform background checks to ensure the potential buyer is not legally prohibited from having a firearm.
The rule, which was finalized this week, says that anyone who sells firearms predominantly to earn a profit must be federally licensed and conduct background checks, regardless of whether they are selling on the internet, at a gun show or at a brick-and-mortar store, Attorney General Merrick Garland told reporters.
However, Second Amendment advocates have warned that the regulation will potentially criminalize anyone who sells a firearm.
“Such an expansive rule that treats all private citizens the same as federal firearms licensees would circumvent the separation of powers in the Constitution, which grants ‘all legislative Powers’ to Congress while requiring that the President ‘take Care that the Laws be faithfully executed,'” Empower Oversight President Tristan Leavitt warned in January.
“The lessons of the Ruby Ridge and Waco standoffs should make clear that attempting to enforce such an expansive regulation could endanger countless ATF field agents who are forced to serve as the face of the Biden Administration in going after private firearms owners for constitutionally-protected firearms sales,” he added.
The rule is likely to be challenged in court by gun rights activists, who have previously sued over other ATF rule changes that they argue infringe on gun rights. The National Shooting Sports Foundation, an industry trade group, previously warned of a court challenge if the rule was finalized as written.
Biden administration officials said they are confident the rule — which drew more than 380,000 public comments — would withstand legal challenges.
Meanwhile, GOP lawmakers are demanding to know how and why the ATF decided to push for this radical regulation change.
“It appears that the Biden Administration is attempting to abuse the federal rulemaking process to circumvent Congress in order to achieve a far-left policy outcome,” said Judiciary Committee Chairman Jim Jordan and 19 other Republicans in a March letter to ATF Director Steve Dettelbach.
“This language gives Americans no certainty about the enforcement of federal law, and gives ATF blanket authority to create new presumptions with no notice.”
The Associated Press contributed to this report.
Ken Silva is a staff writer at Headline USA. Follow him at twitter.com/jd_cashless.
