DOJ issues new rules on gun sale background checks, licenses

The Justice Department on Wednesday said it is expanding the number of people who need a license to sell firearms and who must conduct background checks on their customers. The department’s new rule will soon expand the definition of who is engaged in the business of selling firearms. U.S. Attorney General Merrick Garland said the new law would save lives and make communities safer.

Executive Director of the National Rifle Association’s Institute for Legislative Action Randy Kozuch characterized the new rule differently than Garland. He said the Justice Department was trying to get fewer Americans to sell guns—even when they were doing so legally—by threatening them with the confiscation of their property. He said the NRA is already working on ways to stop the rule.

What exactly does this change? Previously, firearms sellers had to be selling guns as their primary livelihood before the state could require them to have a license and conduct background checks on their customers. Under the new rule, if anyone is selling firearms mostly for profit, they will be required to have a license and conduct background checks.

What does that mean for gun sellers? Garland said that whether a gun is sold on the internet, in a gun store, or at a gun show, the seller must now have a license and conduct background checks. Specifically, Garland said the rule would now require private sellers at gun shows to run background checks. The new rule will take effect about one month from its publication in the Federal Register.

How would this affect hobbyists? The Justice Department said its rule clarifies the definition of hobbyists. Those seeking to sell a firearm occasionally to upgrade or liquidate their gun collection can do so without violating the law, according to the department.

Dig deeper: Read Carolina Lumetta’s report in WORLD Magazine about how New Mexico’s governor found herself in a legal crossfire after targeting individuals’ open and concealed carry laws.