The Biden administration managed to pass a modest gun reform bill two years ago called the Bipartisan Safer Communities Act. That law strengthened federal funding for violence prevention, helped fund the implementation of red flag laws, and took steps to close the so-called “boyfriend loophole” that had allowed offenders to avoid losing their gun rights after convictions of domestic abuse crimes against dating partners.
The ATF rule did not ban pistol braces, but it tightened the requirements for buying them and slapped them with a $200 tax by classifying them alongside short-barreled shotguns, suppressors and Before the change, the agency only considered people dealers if they earned a living selling guns. In an effort to crack down on unlicensed gun dealers, however, the lawmakers who passed the Bipartisan Safer Communities Act tweaked the definition of “engaged in the business” to apply to people who sold guns primarily to earn a profit. The White House directed the ATF the following year to issue a new rule specifying who would need a federal firearms license to sell guns.
But Republican opponents and Second Amendment groups decried the change, accusing the White House of using ATF rulemaking as a backdoor way to pass an extension of background checks that Congress wouldn’t have passed. Sen. John Cornyn , who supported the Bipartisan Safe Communities Act, described the rule as a “flagrant distortion of congressional intent” back in May.The rule has already faced setbacks in court.
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