A new regulation from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is set to kick in soon, mandating that numerous private gun sellers to use the National Instant Criminal Background Check System (NICS) when selling firearms.
This rule doesn’t apply to licensed federal gun dealers since they’re already obligated to run background checks through the NICS for all firearm sales or transfers.
Under the Brady Act of 1993, Federal Firearms License (FFL) holders must run background checks on all firearm sales and transfers. This law established the National Instant Criminal Background Check System (NICS), which has since handled background checks for all retail transactions involving new and used guns.
Democrats have advocated for extending this requirement to include private sales, but even with Democratic control of Congress, this proposal has been consistently rejected.
The newly proposed rule goes beyond what Congress has avoided tackling, empowering the ATF to target private individuals without licenses who occasionally sell firearms, a practice that has been ongoing since 1791 when the Second Amendment was ratified.
Breitbart News covered the ATF’s announcement of the proposed rule on August 31, 2023. This rule alters the definition of “engaged in the business of selling guns,” broadening the circumstances under which an unlicensed seller, such as a private citizen, must utilize the NICS for gun sales or transfers.
The ATF’s rule changes the language to blur the distinction between private gun sales and those conducted by FFL holders. This introduces ambiguity, placing the burden on every seller to demonstrate they’re not seeking profit, or else they must ensure the buyer undergoes a NICS check before receiving the firearm.
The Bureau of Alcohol, Tobacco, Firearms and Explosives proposed rule states:
Consistent with the Gun Control Act (“GCA”) and existing regulations, the proposed rule also defines the term “personal collection” to clarify when persons are not “engaged in the business” because they make only occasional sales to enhance a personal collection, or for a hobby, or if the firearms they sell are all or part of a personal collection.
This proposed rule further addresses the lawful ways in which former licensees, and responsible persons acting on behalf of such licensees, may liquidate business inventory upon revocation or other termination of their license.
The broadening of point-of-sale background checks enables the government to improve its tracking of all firearms in the United States by increasing the documentation on firearm transactions.
Prior to 1993, there was no mandate for retail background checks, resulting in a lack of documentation on traditional firearms sold between 1791 and 1993. Many millions of these firearms are not only still around but also actively used.
By extending the NICS to private sales, the ATF can start creating documentation for these firearms, bringing them into the system.
The expansion of point-of-sale background checks enables the government to improve its tracking of all firearms in the United States by increasing the documentation on firearm transactions.
Prior to 1993, there was no mandate for retail background checks, resulting in a lack of documentation on traditional firearms sold between 1791 and 1993. Many millions of these firearms are not only still around but also actively used.
By extending the NICS to private sales, the ATF can start creating documentation for these firearms, bringing them into the system.
The rule is pending publication in the Federal Register and will take effect 30 days after it is published.
Aidan Johnston, director of federal affairs for Gun Owners of America, discussed the proposed rule stating:
“Once again, the Biden Administration is weaponizing every tool in their toolbox to intimidate, harass, and criminalize gun owners with unlawful executive actions. This Backdoor Universal Registration Check rule is nothing more than a move to criminalize the sale of a single gun without a background check. By doing so, the government hopes to ensure that they are fully involved in every firearm transfer, and, eventually, the records of all those transfers will end up in their records database.”
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