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1 [1] (May 29, 2024)

handle is hein.crs/goveped0001 and id is 1 raw text is: Congressional Research Service Informing the IegisI9tive debate since 1914 0 May 29, 2024 The Biden Administration's New Restrictions on Firearms Sales Federal firearms policies and changes to firearms regulations are subjects of ongoing congressional interest. The Biden Administration made several recent changes to firearms regulations, including those that affect licensing and associated requirements to perform background checks and those that govern private gun sales both within and across U.S. borders. The Biden Administration notes that these changes are intended to reduce the flow of illegally acquired firearms and hold accountable those who supply the firearms used in crime. Policymakers may examine how these regulatory changes affect both lawful domestic firearms dealers and criminal networks engaged in firearms trafficking. Federa Firearms Licenses and Background Checks The Department of Justice's Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is primarily tasked with regulating domestic sales of firearms. Following the enactment of the Bipartisan Safer Communities Act (BSCA; P.L. 117-159), the Biden Administration made regulatory changes to reduce unregulated private gun sales. In order to implement the provisions of the BSCA, ATF issued a rule (finalized May 11, 2024) redefining who is engaged in the business of dealing firearms and thus required to obtain a Federal Firearms License (FFL). Prior to this final rule and the BSCA, individuals were required to have an FFL if their firearms sales had the principal objective of livelihood. Individuals with FFLs are licensed gun dealers and are required to conduct background checks before completing a firearms transfer. Federal law requires that sellers with FFLs conduct background checks on any person seeking to purchase a firearm from them (18 U.S.C. §922(t)). Because different states have different background check requirements, prior to the ATF's May 2024 final rule individuals who were unable to purchase a firearm from a seller with an FFL in one state, for various reasons including because they could not pass that state's background check requirements, might have been able to buy a firearm from a seller in a different state with less strict background check requirements. Private firearm transfers that do not require background checks are colloquially called private sale exemptions or gun show loophole transfers. ATF's rule change alters who is required to have an FFL and thus who is required to conduct background checks on prospective firearm purchasers. Prior to the May 2024 final rule, unlicensed sellers were able to transfer firearms to another person without conducting a background check as long as they did not have reasonable cause to believe that the person was prohibited from receiving or possessing firearms. Following this rule change, a person who sells firearms is required to be a licensed gun dealer and obtain an FFL if the objective of their gun sales is to predominantly earn a profit. Thus, generating profit more broadly (rather than earning a livelihood more narrowly) is now considered being engaged in the business of dealing firearms and thus requires licensure. Additionally, ATF's rule makes private firearm transfers subject to Gun Control Act (GCA, 18 U.S.C. §§921 et seq.) recordkeeping and background check requirements if the transfers are made by profit-oriented, repetitive firearms buyers and sellers, regardless of where a potential purchaser resides. These sellers now need FFLs, thus requiring them to conduct National Instant Criminal Background Check System (NICS) background checks. While states may still set additional background check requirements, the ATF rule change may reduce the number of individuals crossing state lines to purchase firearms in states with less restrictive background check requirements. The Department of Justice estimates that 23,006 unlicensed persons currently engaged in the business of firearms dealing will need to apply for licenses. Commerce Department Ru e on Revision of Firearms License Requirements The Commerce Department's Bureau of Industry and Security (BIS) is tasked with regulating private sales of firearms to other countries. On April 30, 2024, BIS released an interim final rule (IFR) that restricts private transfers of firearms out of the United States. To sell a weapon across international borders prior to the April 2024 IFR, U.S. citizens needed to receive an export license and undergo end-use monitoring designed to ensure that weapons sent are not those in short supply nor being received by individuals sanctioned by the United States or who wish to do harm or engage in activity that could harm the United States. In 2020, new regulations shifted export control of certain small arms and light weapons from the State Department's (DOS's) United States Munitions List to BIS's Commerce Control List. BIS initially did not have access to DOS's internal watch list for end-use monitoring, resulting in BIS lacking prior end-use monitoring information. BIS was also lacking in other areas of end-use monitoring compared to DOS, including having no requirements for written certification of the purchaser agreeing not to resell, allowing multiple end-users on a single license, granting more license exemptions, and not having public notification requirements.