US to close 'gun show loophole' and require more background checks

FILE PHOTO: Customers shop for handguns at the Des Moines Fairgrounds Gun Show at the Iowa State Fairgrounds in Des Moines, Iowa, U.S. March 11, 2023. REUTERS/Jonathan Ernst/File Photo

By Katharine Jackson

WASHINGTON (Reuters) – A rule requiring gun dealers to obtain federal licenses and conduct background checks regardless of where they sell guns has been finalized and will soon go into effect, the U.S. Justice Department announced on Thursday.

WHY IT’S IMPORTANT

Aimed at closing the so-called “gun show loophole,” the rule clarifies what it means to be “engaged in the business,” so that those selling weapons at gun shows, other venues and online will face the same requirements as gun stores to check the backgrounds of would-be buyers.

BY THE NUMBERS

An estimated 23,000 individuals are engaged in unlicensed gun dealing in the United States, and the rule will impact tens of thousands of gun sales per year, a White House official said.

The number of children killed by guns in the U.S. hit a high in 2021, mass shootings have surged in recent years and the country overall has much higher rates of gun death than other wealthy nations.

KEY QUOTE

“Under this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store. If you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks,” U.S. Attorney General Merrick Garland said.

CONTEXT

The Justice Department proposed the rule in August and invited the public to comment. It was submitted to the Federal Register on Tuesday and will be published soon, with the rule taking effect 30 days after its publication.

Although it will increase the number of background checks, the rule does not constitute a universal background check. Certain firearms transfers, including those among family members, will still be allowed without a background check.

U.S. lawmakers passed a federal gun reform law in June 2022 following a string of mass shootings and days after a Supreme Court decision that expanded firearm owners’ rights.

In March 2023, President Joe Biden issued an executive order aimed at expanding background checks for gun purchases and asked Congress to take additional action to reduce gun violence.

WHAT’S NEXT

Gun rights groups are likely to challenge the rule in court.

(Reporting by Katharine Jackson; Editing by Heather Timmons and Rosalba O’Brien)