DOJ Closes Gun Show Loophole: Background Checks Expanded

The Justice Department, under the direction of Acting Attorney General Todd Blanche, is rolling back several firearm regulations, including reinstating a policy that allows gun sales at shows without mandatory background checks. This move, announced on Wednesday, effectively reinstates the so-called “gun show loophole” that the Biden administration previously sought to close.

The changes represent a significant shift in firearm policy, aligning with the preferences of Second Amendment supporters within former President Donald Trump’s base. Blanche characterized the revisions as the “most comprehensive regulatory reform package in the history” of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), stating they bring regulations in line with Supreme Court precedent and reduce burdens on gun owners, and sellers.

In 2024, the Biden administration had moved to close the “gun show loophole” by requiring anyone “engaged in the business” of selling firearms for profit to obtain a federal firearms license (FFL) and conduct background checks, regardless of whether sales occurred at gun shows, online, or through private transactions. This rule aimed to ensure that all commercial gun sellers were subject to the same background check requirements as licensed dealers.

However, gun rights groups and Republican-led states challenged the Biden administration’s rule in court, arguing it infringed upon Second Amendment rights and exceeded presidential authority. The Justice Department’s decision to repeal the rule effectively sides with these arguments.

White House Security Incident Follows Announcement

The announcement of these regulatory changes comes just days after an incident where an individual armed with guns and knives attempted to breach the White House Correspondents’ Association dinner, reportedly targeting President Trump. While the Justice Department’s actions are presented as regulatory reform, the timing has drawn criticism from gun control advocates who view the rollback as dangerous and irresponsible.

The changes are part of a broader slate of over 30 revisions to gun regulations being implemented by the Justice Department. These revisions aim to ease restrictions on firearms sellers and owners, according to Blanche’s statement.

Background on the “Gun Show Loophole”

The “gun show loophole” refers to a provision that historically allowed individuals to sell firearms at gun shows and other similar events without being required to obtain a federal firearms license or conduct background checks on buyers. This created a pathway for individuals prohibited from owning firearms – such as convicted felons or those with domestic violence restraining orders – to potentially acquire weapons.

The Biden administration’s 2024 rule sought to address this loophole by clarifying the definition of who is considered “engaged in the business” of selling firearms, thereby requiring more individuals to obtain licenses and conduct background checks. The repeal of this rule returns to the previous system, where fewer individuals were subject to these requirements.

“The changes bring gun regulations in line with Supreme Court precedent while cutting down on unnecessary burdens on firearms sellers and lawful gun owners.”

Acting Attorney General Todd Blanche

The Justice Department’s move is expected to face further legal challenges from gun control groups, who argue that it will weaken efforts to prevent firearms from falling into the wrong hands. The debate over gun control remains a highly contentious issue in the United States, with significant political and legal ramifications.