Second Amendment supporters worry about potential restrictions on private gun sales under the Biden administration.
Vice President Kamala Harris Encouraged by Progress in Gun Control Agenda
Vice President Kamala Harris recently addressed a group of gun control activists, expressing her optimism about the advances made by the Biden administration in implementing its gun control agenda. Speaking at Gun Sense University, an annual gathering sponsored by Everytown for Gun Safety, Ms. Harris emphasized the importance of ”common sense gun safety laws” and highlighted the widespread support for such measures among Americans.
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While gun rights activists acknowledge Ms. Harris’s optimism, they argue that it stems from the support of a minority of congressional Republicans who tipped the scales in favor of President Joe Biden’s Bipartisan Safer Communities Act (BSCA) in June 2022. This led to an executive order on March 14, 2023, which enlisted various federal agencies to implement aspects of the BSCA without congressional oversight. Second Amendment advocates claim that one of these changes could potentially eliminate legal private gun sales.
The White House did not respond to an email seeking comment for this story.
Concerns have been raised following an Aug. 1 New York Times report which suggests that gun control activists want to require individuals engaged in ”for-profit” private online gun sales to obtain a Federal Firearms License (FFL) and adhere to the same guidelines as brick and mortar gun dealers. Currently, all sales must comply with applicable laws, including the involvement of an FFL holder in firearm shipping. Selling guns to individuals who are prohibited from owning them is also illegal.
The BSCA, hailed as “the most significant gun safety legislation in 30 years,” revised the definition of a gun dealer to focus solely on profit-seeking rather than livelihood. However, the exact boundaries of this definition remain unclear.
According to The New York Times, gun control activists propose classifying anyone who sells five or fewer guns per year as a gun dealer. This means that even someone who makes a $1 profit from selling a single gun would be required to obtain an FFL and comply with all the regulations applicable to large retail stores.
This would include conducting background checks and maintaining records of all gun sales.
Reports suggest that the Biden administration has directed the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to issue a rule clarifying the definition of a gun dealer. Second Amendment advocates argue that this rule would effectively ban private transfers of firearms and establish a de facto universal background check and national gun registry system.
An ATF spokesperson stated that any rule would be developed in accordance with established policies.
“As part of the implementation of the BSCA, ATF is developing a proposed rule and going through the proper process. We cannot specify a time when the NPRM will be announced, but like all notices of proposed rulemaking, the public will be notified when it is submitted to the federal register,” ATF spokeswoman Kristina Mastropasqua wrote in an email to The Epoch Times.
Aidan Johnston, director of Federal Affairs for Gun Owners of America, expressed concerns about the potential requirement for private citizens to obtain an FFL even for selling a gun to a family member or friend. He highlighted the complexities and burdensome nature of obtaining and complying with an FFL.
Second Amendment supporters argue that these changes would effectively eliminate private gun sales.
“The BCSA has proven to be the gift that keeps on giving for extreme persecutory gun control, to the mortification of some of its more moderate supporters who thought they were voting for provisions aimed at reducing crime and increasing access to mental health care,” reads a statement on the NRA-ILA website.
Gun Control Making Headway
Gun rights supporters warn that without action, the forces advocating for gun control will continue to make progress in their efforts to disarm the public.
“The other side wants everything, they want the Second Amendment,” Mr. Johnston said.
Contrary to this viewpoint, Vice President Harris, speaking at the Gun Sense University gathering, disagreed and emphasized her support for the Second Amendment. However, she believes that certain regulations are necessary to ensure safer communities. She credited the attendees for their role in the passage of the BSCA and acknowledged that more work needs to be done, particularly in implementing universal background checks.
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