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The Department of Justice and other agencies are stepping up the fight against gun violence, with a focus on gun trafficking and intense verification of people who shop at stores or so-called “flea markets.”
The enforcement actions are enforced under the bipartisan Secure Communities Act, passed by Congress in 2022.
“This rule implements Congress’s mandate to broaden the definition of who must obtain a license and conduct a background check before selling firearms,” said Attorney General Merrick Garland, who is leading the enforcement action.
The rule proposed by the Department of Justice would amend the regulations of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has several control fronts.
“[Es] to bolster the fight against firearms trafficking (which requires a license and background checks) doesn’t just happen in brick-and-mortar stores, but also includes trade at gun shows or flea markets, through mail-order and through the Internet”, acknowledges the authority.
The rule makes it clear that there is no “gun show loophole” or “internet loophole” as some gun advocates allege.
“An arms dealer must obtain a license and carry out background checks no matter where they do business,” says the government of President Joe Biden.
The focus on traffic
The AFT will be able to more easily identify a person who could be suspected of arms trafficking, many of which find their way into the hands of drug cartels in Mexico.
Various studies have confirmed that more than 80% of the weapons in Mexico, used by organized crime, come from the US irregularly.
“When someone sells or offers firearms to a customer and also states to that customer that the seller has the willingness and ability to buy and sell additional firearms to that customer,” the rule indicates that this will be a sign of alert.
Also when someone “spends more money buying firearms for resale” than the taxable income they report.
“[Se perseguirá] when someone engages in behavior that demonstrates an intent to circumvent the law, such as using bogus businesses, selling illegal firearms, or selling firearms with the serial number removed or altered.
And the collectors?
There are mods for legal gun collectors so they can sell guns without fear of breaking the law.
“The proposed rule would add a definition of ‘personal firearms collection’ (and related terms) to ensure that true hobbyists and collectors can enhance and liquidate their collections without fear of violating the law.”
There are also guidelines for licensed sellers to safely liquidate their inventories.
“This would help close what some have described as the ‘closeout sale loophole,’ when former licensees keep a significant number of firearms from their previous inventory and proceed to dispose of those firearms fire after their license has been canceled and without conducting the required background checks.