United States Attorney General Merrick Garland emphasized the dangers of black-market firearms during a Thursday, April 11 announcement by the Justice Department, aimed at closing the “gun show loophole.” The new federal rule mandates more stringent background checks for online and gun show sales, expanding the definition of licensed firearms dealers.
Under the rule, sellers seeking profit from gun sales are required to obtain a federal license and conduct background checks. This will impact an estimated 23,000 unlicensed dealers.
The regulation, set to take effect 30 days after publication in the federal registry, has been hailed by Garland as a “historic step” in the fight against gun violence, ensuring all gun sales — online, at gun shows or in stores — follow the same licensing and background check procedures.
However, the move has drawn criticism and potential legal challenges, with opponents calling it unconstitutional.
Sens. John Cornyn, R-Texas, and Thom Tillis, R-N.C., are pushing back. The senators proposed a joint resolution under the Congressional Review Act to contest the new rules, which stem from the 2022 Bipartisan Safer Communities Act.
Cornyn originally supported the measure but now criticizes it for exceeding its intended scope regarding gun ownership rights.
The White House noted that 22% of guns owned by Americans were acquired without background checks. Cornyn, a staunch gun rights advocate, argued that focusing on law-abiding gun owners is misguided, pointing to studies highlighting a small fraction of individuals being responsible for a significant portion of gun violence.
“In Washington, D.C., for example, in 2021, a study found that only 500 people were responsible for up to 70% of the gun violence in the district,” Cornyn said. “In Boston, a 28-year-old study found that half of the city’s homicides were committed by 1% of the population involved with gangs primarily.”
