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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.

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North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

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Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

Argentina Continues to Move Towards Freedom

News  

Monday, November 17, 2025

Argentina Continues to Move Towards Freedom

Here in America, we are blessed with the Second Amendment.  Anti-gun extremists have long tried to eliminate it with the proverbial death by a thousand cuts, chipping away at it with countless laws designed to impose ...

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

News  

Monday, November 24, 2025

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

In August, the Trump White House released an article titled, Yes, Chicago Has a Crime Problem — Just Ask its Residents, which pointedly noted that for “13 consecutive years, Chicago has had the most murders of ...

Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Congress Passes Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights

News  

Wednesday, November 12, 2025

Congress Passes Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights

On November 10th, 2025, the U.S. Senate passed on a legislative proposal to reopen the federal government. Included in this package was the Military Construction, Veterans Affairs, and Related Agencies bill. This legislation maintained a provision that ...

Florida: Age Discrimination Bill Passes First Committee Hurdle

Wednesday, November 19, 2025

Florida: Age Discrimination Bill Passes First Committee Hurdle

Yesterday, the House Criminal Justice Subcommittee voted 11-5 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. HB 133 is expected to receive a hearing in the ...

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

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Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Monday, November 24, 2025

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Today, the National Rifle Association and the Independence Institute filed an amicus brief in Wolford v. Lopez, a case before the U.S. Supreme Court challenging Hawaii’s law that forbids carrying on private property open to the ...

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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.