The United States Department of Justice announced this Thursday that it has finalized and will soon take effect a rule that requires gun sellers to obtain federal licenses and do background checks, regardless of where they sell them.
In order to close the so-called “gun show loophole,” the rule clarifies what it means to “engage in business,” so that those who sell weapons at shows, elsewhere and online must meet the same requirements than gun stores to check the background of potential buyers.
“Under this regulation, it will not matter whether guns are sold on the Internet, at a gun show, or in a brick-and-mortar store. If you sell guns predominantly for a profit, you must have a permit, and you must conduct background checks,” said US Attorney General Merrick Garland.
The Justice Department proposed the rule in August and invited public comment. It was filed in the Federal Register on Tuesday and will be published shortly; The rule will enter into force 30 days after its publication.
Although the number of background checks will increase, the rule is not a universal background check. Certain firearm transfers, including those between family members, will continue to be allowed without background checks.
Gun rights groups are likely to try to challenge the rule in court.
Congressional Republicans will also oppose it. Sens. John Cornyn and Thom Tillis, who were the lead Republican negotiators of the 2022 law, plan to introduce a joint resolution of disapproval to overturn the new rule, a spokesperson for Cornyn's office said Thursday.
“The Government is acting illegally,” the spokesperson added.
The number of children killed by guns in the United States hit an all-time high in 2021, mass shootings have increased in recent years and the country has much higher rates of gun deaths than other wealthy nations.
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