DOJ, ATF Urged on Unconstitutional Private Gun Sale Regulation
President Biden’s Department of Alcohol, Tobacco, and Firearms Aims to Regulate Private Gun Sales
The Department of Alcohol, Tobacco, and Firearms, under President Joe Biden, is collaborating with the Department of Justice to tighten regulations on private gun sales. According to whistleblower group Empower Oversight, this involves implementing background checks for personal firearm exchanges.
Currently, federal law mandates background checks for individuals purchasing new firearms through licensed federal firearms dealers (FFLs). However, sources in contact with Empower Oversight have confirmed that the ATF is planning to treat closed-door gun sales between friends or family members the same as purchases made from FFLs.
The proposed rule, initiated by the DOJ and ATF in response to Biden’s gun control wish list, aims to broaden the definition of “who is engaged in the business of dealing in firearms.” This change would require more Americans to become FFLs and conduct background checks when selling their guns. The ATF and DOJ attribute the success of the 2022 gun control bill to over a dozen Republican senators who betrayed their base.
The 1986 Firearms Owners’ Protection Act currently exempts individuals who make occasional sales, exchanges, or purchases of firearms for personal collection or hobby purposes from regulation. However, the ATF is persisting in its efforts to garner support for the Biden rule, disregarding the existing U.S. code and concerns about infringing on Second Amendment rights.
Empower Oversight President Tristan Leavitt has demanded transparency from the DOJ and ATF regarding communications related to a “ban,” “private sale,” “universal background,” and “gun control.” Leavitt argues that such a sweeping rule would violate the Second Amendment and circumvent the separation of powers outlined in the Constitution.
In recent years, the ATF and DOJ have made several unconstitutional moves against law-abiding gun owners. These include attempts to criminalize pistol brace owners, shut down gun stores over paperwork issues, ban ghost guns, restrict ammunition sales, and redefine firearms to enforce background checks for gun parts.
Jordan Boyd is a staff writer at The Federalist and co-producer of The Federalist Radio Hour. Her work has also been featured in The Daily Wire, Fox News, and RealClearPolitics. Jordan graduated from Baylor University with a major in political science and a minor in journalism. Follow her on Twitter @jordanboydtx.
How would the implementation of Universal Background Checks for all private firearm sales and transfers address the issue of firearms falling into the wrong hands and help prevent gun violence?
Oversight indicate that there is a significant loophole in the law that allows individuals to sell firearms privately without undergoing a background check. This loophole poses a serious risk by allowing potentially dangerous individuals, such as convicted felons or domestic abusers, to acquire firearms without detection.
Under the proposed regulations, known as Universal Background Checks, all private firearm sales and transfers would be subject to a background check. This means that anyone wanting to sell or transfer a firearm, whether it is through a private sale, online transaction, or at a gun show, would need to ensure that the buyer passes a background check before completing the transaction. This measure aims to significantly reduce the number of firearms falling into the wrong hands and help prevent gun violence.
Supporters of Universal Background Checks argue that it is a common-sense measure that is widely supported by the American public. According to a poll conducted by Johns Hopkins Bloomberg School of Public Health, 89% of Americans, including 83% of gun owners, support laws requiring all gun buyers to pass a background check.
Critics of the proposed regulations, however, argue that Universal Background Checks are an infringement on the rights of law-abiding citizens. They argue that criminals will always find a way to acquire firearms regardless of the regulations in place and that these measures only serve to burden law-abiding gun owners.
In response to these criticisms, President Biden’s Department of Alcohol, Tobacco, and Firearms has emphasized that the goal is not to infringe on Second Amendment rights, but rather to keep firearms out of the hands of those prohibited by law. They assert that closing the private sales loophole is a necessary step in addressing gun violence and protecting public safety.
The proposed regulations have also received support from various advocacy groups and lawmakers who have been working tirelessly to enact stricter gun control measures. These groups argue that Universal Background Checks are a vital component of comprehensive gun control legislation and would help reduce gun violence by making it harder for criminals to acquire firearms.
To ensure the successful implementation of Universal Background Checks, significant challenges will need to be addressed, including the need for an efficient and streamlined process for conducting background checks, adequate resources to support the increased demand, and addressing concerns raised by law-abiding gun owners regarding privacy and potential government overreach.
President Biden’s Department of Alcohol, Tobacco, and Firearms aims to strike a balance between protecting public safety and respecting the rights of law-abiding gun owners. By implementing Universal Background Checks, the administration hopes to close the private sales loophole and create a safer environment without infringing on Second Amendment rights.
The regulation of private gun sales is an important step in the ongoing national conversation on gun control. It is crucial for policymakers to carefully consider the potential impact and effectiveness of such measures while striking a balance between public safety and individual rights. Only through thoughtful and comprehensive discussions can we hope to find viable solutions to the pressing issue of gun violence in America.
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