Written by Samuel Thompson.
Regulations are tightening as the Biden administration rolls out new rules aimed at private gun sales. The latest measures introduced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) seek to redefine the federal definition of a “dealer” in firearms, potentially ending the era of private gun transactions without a Federal Firearms License (FFL).
Understanding the New Regulation
Under current law, individuals are mandated to obtain an FFL only if their primary business involves dealing firearms. However, this new rule from the ATF expands that requirement, stating that “even a single transaction, or an offer to engage in a transaction, when combined with other evidence, may be sufficient to require a license” as an FFL. This change is ostensibly designed to close a loophole that has purportedly allowed numerous unlicensed sales without background checks.
Attorney General Merrick Garland emphasized that anyone predominantly selling firearms for profit must now be federally licensed and conduct background checks, regardless of the sales platform—online, at gun shows, or in physical stores. Yet, this sweeping expansion raises significant concerns about overreach and the potential for infringing upon Second Amendment rights.
The Response from Second Amendment Advocates
Critics argue that the new rule could indiscriminately criminalize ordinary Americans selling firearms. Empower Oversight President Tristan Leavitt voiced a stark warning, noting that “such an expansive rule… circumvents the separation of powers in the Constitution.” He drew parallels with historical confrontations like Ruby Ridge and Waco, suggesting that aggressive enforcement could put ATF agents and private citizens at risk.
Legal challenges are anticipated as gun rights groups, including the National Shooting Sports Foundation, have expressed intentions to sue, claiming the rule infringes on constitutional gun rights. Meanwhile, the rule’s robust public feedback, with over 380,000 comments, reflects its controversial nature.
Political Backlash and Legislative Concerns
Republican lawmakers are also scrutinizing the motives behind this significant regulatory change. Judiciary Committee Chairman Jim Jordan and colleagues have accused the Biden administration of abusing the federal rulemaking process to push a far-left agenda, bypassing Congress and granting the ATF undue power to alter gun laws unilaterally.
Our Take
The Biden administration’s aggressive stance on gun control, while possibly well-intended, appears to overstep constitutional bounds and infringe upon the freedoms of law-abiding American citizens. This rule change, by conflating everyday gun sellers with licensed dealers, risks imposing undue burdens and potentially criminalizing routine transactions among private individuals. As staunch supporters of the Second Amendment, it is imperative to challenge this overreach and defend the rights that are foundational to our nation’s values. With historical lessons in mind, it’s clear that such expansive regulations not only threaten individual freedoms but also risk escalating tensions between the government and its citizens.
