Biden administration to close 'gun show loophole,' cracking down on gun sales without background checks

TAMPA, Fla. - The Biden Administration announced a new rule this week that closes the so-called ‘gun show loophole,’ which allows the sale of firearms without background checks. 

But like most gun laws, it's expected to face a lot of legal hurdles. The rule change will essentially require all firearms dealers to register with the ATF and perform background checks on customers.

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That's already the rule for brick-and-mortar stores but not for so-called private sellers who can sell online, from their own homes, and from gun shows without performing background checks. And that's where the ‘gun show loophole’ term comes from. 

Many of these private sellers aren't small operations, either; many of these unlicensed sellers are doing big business.

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ATF data released last week identified unlicensed dealers as the largest source of illegally trafficked guns in the U.S. According to the ATF, guns sold through unlicensed dealers were used in nearly 370 shootings between 2017 and 2021. 

Although the new rule could take effect as soon as next month, efforts are already underway to stop it.

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North Carolina Republican Senator Thom Tillis, who helped pass the bipartisan gun law in 2022 that paved the way for federal background checks, is now leading the charge to kill the rule change.

Invalidating a federal regulation would require both the U.S. House and Senate to pass the resolution - something that seems unlikely given the current makeup of Congress.