The Mercury News Weekend

Biden administra­tion cracks down on gun background checks

- By Alanna Durkin Richer and Colleen Long

WASHINGTON >> Thousands more firearms dealers across the United States will have to run background checks on buyers at gun shows or other places outside brick-andmortar stores, according to a Biden administra­tion rule that will soon go into effect.

The rule aims to close a loophole that has allowed tens of thousands of guns to be sold every year by unlicensed dealers who do not perform background checks to ensure the potential buyer is not legally prohibited from having a firearm. Gun rights groups are expected to fight it in court.

It's the administra­tion's latest effort to combat gun violence. But in a contentiou­s election year, it's also an effort to show voters — especially younger ones for whom gun violence deeply resonates — that the White House is trying to stop the deaths.

“This is going to keep guns out of the hands of domestic abusers and felons,” President Joe Biden said in a statement. “And my administra­tion is going to continue to do everything we possibly can to save lives. Congress needs to finish the job and pass universal background checks legislatio­n now.”

The rule, which was finalized this week, makes clear that anyone who sells firearms predominan­tly to earn a profit must be federally licensed and conduct background checks, regardless of whether they are selling on the internet, at a gun show or at a brickand-mortar store, Attorney General Merrick Garland told reporters.

Biden has made curtailing gun violence a major part of his administra­tion and reelection campaign, creating the White House Office of Gun Violence Prevention overseen by Vice President Kamala Harris. Biden also has urged Congress to ban so-called assault weapons — something Democrats shied from even just a few years ago.

The rule is likely to be challenged in court by gun rights activists who believe the Democratic president is unfairly targeting gun owners. The National Rifle Associatio­n said in a statement that it is “already working to use all means available to stop this unlawful rule.”

The National Shooting Sports Foundation, an industry trade group, also has warned of a court challenge if the rule was finalized as written. Lawrence Keane, the foundation's senior vice president and general counsel, said Thursday that the organizati­on was reviewing the regulation after contending previously that the Bureau of Alcohol, Tobacco, Firearms and Explosives was oversteppi­ng its legal authority.

Biden administra­tion officials said they are confident the rule, which drew more than 380,000 public comments, would withstand lawsuits.

There are already roughly 80,000 federally licensed firearms dealers. Administra­tion officials believe the new rule will impact more than 20,000 dealers who have gotten away with selling firearms without a license and performing background checks at places like gun shows and over the internet by claiming they aren't “engaged in the business” of firearm sales.

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