WASHINGTON – President Joe Biden will order the Justice Department to expand the definition of gun dealer on Tuesday to make more firearms sales require sellers to undergo background checks.
The White House said Biden would direct the attorney general “to move the U.S. closer to universal background checks without additional legislation” by clarifying the definition of who is “engaged in the business” of selling guns.
Although Biden planned to make a big appearance to sign the order, it was not his initiative – but, he complied with the requirements of the Bipartisan Safer Communities Act, the gun law Congress passed last year in the wake of two horrific mass murders by teenagers with attacks. gun.
“The Bipartisan Safe Communities Act would not have been possible without President Biden’s support, and I applaud today’s executive order that directs the administration to implement the legislation and move our country closer to universal background checks,” Senator Chris Murphy (D- Conn. ), one of the leading gun safety advocates in Congress, said in a statement.
The law expanded background checks for gun buyers aged 18-21, established a new grant program for mental health services and the state to set “red flags” laws, and clamped down on gun sales to girlfriend partners subject to restraining orders.
While the law excludes the dramatic expansion of background checks that gun reformers have long sought, it includes a modest tweak to the definition of a gun dealer that has escaped the attention of many since the law’s enactment.
All gun sales by federally licensed firearms dealers require the seller to reveal the buyer’s name through the FBI’s criminal background check system, and if the person has a disqualifying record, such as a felony conviction, the sale cannot go through. In that case, however, all buyers have to do is turn to a private seller — someone who doesn’t sell guns — to get a weapon without a background check.
Federal law previously required a gun seller to register with the federal government if the person “devoted time, attention and labor to dealing in firearms as a regular trade or business with the primary purpose of livelihood and profit through the purchase and resale of firearms.”
The new law removes the words “with the main purpose of livelihood and profit” and replaces it with “for the general purpose of profit.” An additional clause explains that profit means “the intent underlying the sale or disposition of firearms in particular. one of obtaining monetary benefits, as opposed to other intentions, such as increasing or liquidating a personal collection of firearms.
A congressional aide said the changes to the text — along with Biden’s strong orders — would “reduce the number of people who get away without background checks.
The aide said the change was partly inspired by the case of a Texas man who shot more than 20 people with an assault rifle he bought from a private seller. after a background check blocked the sale of a licensed dealer. The seller admitted that he regularly buys the firing mechanisms made for guns and sells them for a profit. He was punished two years in prison.
Sen. John Cornyn (R-Texas), one of the principal co-authors of the law, told HuffPost that lawmakers are not working for changes to set universal background checks.
“I hope the president doesn’t engage in overreach,” Cornyn said. “What we’re doing is making sure that anyone who sells or manufactures firearms must be licensed as a Federal Firearms Licensee, which means they must do a background check.”
The Congressional Research Service said the new definition of gun dealer “may make some, but not all” private gun sales subject to background checks.
Gun safety group Giffords praised the change but maintained that the private gun sales loophole will remain.
“President Biden’s executive action is the strongest step we can take to address current loopholes in background checks without Congress passing new legislation,” Giffords director of federal affairs Adzi Vokhiwa said in a statement to HuffPost.
“The fact remains that even with very strong ‘doing business’ rules, there will still be loopholes with background checks as long as Congress refuses to act,” Vokhiwa said.