Explore The NRA Universe Of Websites

APPEARS IN News

New Details Leaked on Biden Administration’s Upcoming Background Check Power Grab

Monday, August 14, 2023

New Details Leaked on Biden Administration’s Upcoming Background Check Power Grab

Last week, we reported on the Biden Administration’s treacherous move to defund scholastic archery, hunting, and marksmanship programs under an obscure provision of the Orwellian Bipartisan Safer Communities Act (BSCA). The BSCA has proven to be the gift that keeps on giving for extreme and persecutory gun control, to the mortification of some of its more moderate supporters who thought they were voting for provisions aimed at reducing crime and increasing access to mental healthcare. Now, details are emerging of Biden’s latest plans to leverage the sprawling, sinister act in his continued pursuit of civilian disarmament. This time the target is eliminating the age-old practice of noncommercial, private firearm sales.

Biden has not been coy about his ambitions to push existing law as far as possible (and likely past the breaking point) toward “universal” firearm background checks. We have already reported on an executive order he released in March, the first item of which was “moving the U.S. as close to universal background checks as possible without additional legislation.” But Biden did have legislative help from the BSCA in this effort, which amended a critical legal term concerning who is considered “engaged in the business” of firearm sales, and therefore required to become a federal firearm licensee (FFL) and run background checks on all retail transfers.

Previously, an individual only needed an FFL when engaged in “a course of trade or business“ involving “repetitive” buying and reselling  of firearms with the “principal objective” of “livelihood and profit.” The BSCA removed the “livelihood” element so that profit seeking alone would fulfill the required objective of the sales.This change broadened the FFL requirement, but a “course” of “repetitive” buying and reselling of firearms is still necessary. Nevertheless, it has remained unclear where the lines are to be drawn.

Now, the New York Times is reporting that Biden will move ahead with implementing a longtime goal of the anti-gun movement: setting a numerical threshold of sales that will establish when an individual needs an FFL. That article states:

The regulations will set a threshold number of transactions that would define a dealer; gun-control groups hope to see it at five sales a year or lower. The rules will be backed up by a renewed push to prosecute businesses that refuse to register, by accessing bank records, storage unit leases and other expenses associated with running an off-the-books gun business.

Indeed, gun control groups had pushed for this same move under the Obama/Biden administration. But even Obama’s army of anti-gun lawyers could not come up with a way around statutory language and judicial interpretations that pre-empted this approach. If the New York Times’s report is true, Biden is clearly hoping activist courts will hang their hats on the changes made by the BSCA to ratify the fiction that Congress used that act to authorize a numerical threshold for who is required to obtain an FFL.

Of course, the BSCA says nothing of the sort. “Livelihood” may not be the same thing as “profit,” but the structure that has always required a case-by-case determination based on the facts of each situation remains in place.  Also remaining in place are longstanding qualifications in the law that allow for “occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby” or for the sale of “all or part of [a] personal collection of firearms.”

Yet the Biden Administration has already shown a distinct willingness to ignore limitations on its authority in other ambitious gun-control rulemakings, a number of which remain mired in ping-ponging judicial proceedings that have substantiated plaintiffs’ allegations of overreach. This rule will almost certainly be no different.

Biden’s gun control schemes, however, reach well beyond agency enforcement and court proceedings. Collaborators in the technology and financial sectors stand ready to help the administration implement its policies with corresponding censorship, de-platforming, and de-banking. Armslist, which was featured at length in the Times report as a supposed private sales boogieman, lost its YouTube account within days of the article’s publication. And popular payment processing, website design, auction sites, social media, and business support software companies or online platforms have already banned even legal firearm sales from their business models. Absent explicit evidence of collusion, these “coincidental” confluences of private sector “business decisions” with administration enforcement policies will be difficult to reach through the judicial process.

The NRA of course opposed the BSCA and warned the public and its moderate supporters that it “leaves too much discretion in the hands of government officials and also contains undefined and overbroad provisions – inviting interference with our constitutional freedoms.” This warning, unfortunately, has been borne out again and again, and the upcoming background check rulemaking could be the most dramatic example yet.

Stay tuned for further developments, and rest assured that the NRA will use all available measures to continue to counteract the Biden administration’s abuse of the BSCA and other provisions of federal law.

TRENDING NOW
“Political Grief,” Gun Control, and Guilt by Association

News  

Monday, February 3, 2025

“Political Grief,” Gun Control, and Guilt by Association

Across the country, voters disappointed with President Trump’s election are coping with their feelings in various ways.

Colorado: Senate Postpones Vote on Semi-Auto Ban

Friday, January 31, 2025

Colorado: Senate Postpones Vote on Semi-Auto Ban

Today, January 31st, the State Senate postponed the floor vote for Senate Bill 25-003, the near all-encompassing semi-automatic ban. The vote has been rescheduled for next Friday, February 7th.

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

News  

Wednesday, January 8, 2025

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

Dear NRA Member: U.S. Representative Richard Hudson (R-NC) has reintroduced the Constitutional Concealed Carry Reciprocity Act (H.R. 38). Representative Hudson, the longstanding champion of this legislation, along with more than 120 of his colleagues have ...

Fifth Circuit Court of Appeals Strikes Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

Friday, January 31, 2025

Fifth Circuit Court of Appeals Strikes Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

Yesterday, the Fifth Circuit Court of Appeals held that 18 U.S.C. §§ 922(b)(1) and (c)(1)—which together forbid Federal Firearms Licensees from selling handguns to 18-to-20-year-olds—violate the Second Amendment.

Washington: Financial Discrimination and Insurance Mandate Introduced

Monday, January 27, 2025

Washington: Financial Discrimination and Insurance Mandate Introduced

Washington anti-gun legislators continue their attack on law-abiding gun owners by introducing legislation to move the goal posts on lawful gun ownership. Last Friday, House Bill 1504 was introduced, requiring gun owners prove they are "financially ...

Maine: Democrats Deal Major Blow to Anti-Gun Referendum

Wednesday, January 29, 2025

Maine: Democrats Deal Major Blow to Anti-Gun Referendum

Less than a week after holding a press conference praising themselves for running a paid signature effort that gathered a qualifying number of signatures to put an extreme Red Flag referendum on the 2025 ballot, ...

Expanded Gun Rights in the U.S. Virgin Islands?

News  

Monday, February 3, 2025

Expanded Gun Rights in the U.S. Virgin Islands?

The reelection of Donald Trump as President of the United States hasn’t just signaled a return to sanity in the White House when it comes to the Second Amendment.  His outspoken support for our right to ...

Utah: Extreme Gun Ban Bill Being Heard in Committee Today!

Friday, January 31, 2025

Utah: Extreme Gun Ban Bill Being Heard in Committee Today!

Today at 2:00pm the Senate Natural Resources Committee will hear Senate Bill 130, a 52-page anti-gun omnibus bill that will severely restrict Second Amendment rights in Utah. 

Faced With Litigation (and the Election), ATF Quietly Backed Off Zero Tolerance

News  

Monday, January 27, 2025

Faced With Litigation (and the Election), ATF Quietly Backed Off Zero Tolerance

Last week, the end of a lawsuit over ATF’s infamous “zero tolerance” policy revealed that the agency had already begun walking back its persecutory approach to federal firearm licensee (FFL) inspections in the waning days ...

Colorado: Semi-Auto Ban Passes Senate Committee

Wednesday, January 29, 2025

Colorado: Semi-Auto Ban Passes Senate Committee

Just before midnight on Tuesday, January 28th, the Senate State, Veterans, & Military Affairs Committee passed Senate Bill 25-003, the all-encompassing ban on semi-automatic firearms, by a margin of 3-2.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.