The Biden Administration is taking aim at noncommercial firearm sales under the controversial Safer Communities Act, in yet another move toward stricter gun control measures. The administration plans to establish a threshold for the number of transactions that would define an individual as a dealer, thereby requiring them to obtain a federal firearm license (FFL) and conduct background checks on all retail transfers.
Gun-control groups are advocating for the threshold to be set at five sales a year or lower. To enforce this requirement, the Biden Administration intends to prosecute businesses that refuse to register as dealers by accessing their bank records, storage unit leases, and other relevant expenses associated with running an off-the-books gun business.
The Safer Communities Act, passed under the Obama/Biden administration, amended the definition of who is considered engaged in the business of firearm sales. It removed the requirement of livelihood and replaced it with a sole focus on profit-seeking. However, the act still necessitates a repetitive course of buying and reselling firearms. The precise parameters for determining when an individual qualifies as a dealer are still unclear.
The New York Times reports that the Biden Administration will push ahead with its plans to set a numerical threshold for requiring an FFL. This is a long-held goal of the anti-gun movement. Under the Obama administration, attempts to establish such a threshold were hindered by statutory language and judicial interpretations. If the New York Times report is accurate, President Biden hopes that activist courts will interpret the changes made by the Safer Communities Act as authorizing a numerical threshold for FFL requirements.
Critics argue that the Safer Communities Act does not explicitly grant the authority to establish a numerical threshold and that a case-by-case determination based on individual circumstances is still necessary. The law also allows for occasional sales, exchanges, or purchases of firearms for personal collection or hobby purposes, as well as the sale of part or all of a personal collection.
The Biden Administration has shown a willingness to exceed its authority in other gun-control rulemakings, leading to ongoing legal battles. Collaborators in the technology and financial sectors have also been censoring, de-platforming, and de-banking businesses involved in legal firearm sales. With the combination of agency enforcement, court proceedings, and private sector cooperation, the administration’s gun control measures are being implemented more comprehensively.
The NRA has consistently opposed the Safer Communities Act, voicing concerns about the discretionary powers it grants to government officials and the vagueness of its provisions, which could potentially infringe on constitutional freedoms. As the background check rulemaking moves forward, the NRA will continue to use all available means to counteract the Biden administration’s misuse of the Safer Communities Act and other federal laws.
The Institute for Legislative Action (ILA), the lobbying arm of the National Rifle Association (NRA), will continue to advocate for the preservation of the rights of law-abiding individuals to purchase, possess, and use firearms for legitimate purposes, as guaranteed by the Second Amendment to the U.S. Constitution.
