ATF Public Comment Period

Nearly 80% of guns used in crimes come from unlicensed sellers who aren’t required to conduct background checks, putting communities at risk and undermining responsible gun ownership. Fortunately, ATF has proposed a new rule to clarify that many unlicensed sellers are now legally considered to be “engaged in the business” of selling firearms and must start conducting background checks on potential buyers. It’s critical this new rule becomes a reality, and we need your help to make that happen.

We need your help to make this rule a reality. As a member of Gun Owners for Safety, will you sign our letter of support below?

November XX, 2023

Helen Koppe
Mail Stop 6N–518
Office of Regulatory Affairs, Enforcement Programs and Services
Bureau of Alcohol, Tobacco, Firearms, and Explosives
99 New York Ave NE
Washington, DC 20226

ATTN: ATF 2022R–17

Dear Ms. Koppe:

Giffords Gun Owners for Safety is a coalition of gun owners from across the country who are concerned about gun violence and know that responsible ownership and sensible gun laws can save lives. We fully support reasonable, commonsense legislation and efforts to prevent gun violence. We write today in support of ATF 2022R–17, the rule recently proposed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) that would clarify who is considered a licensed firearms dealer and must conduct background checks.

Under current law, no background check is required for firearm sales at gun shows, through online marketplaces, or when a gun is sold by an unlicensed individual. Individuals who would otherwise be prohibited from purchasing or possessing a gun can easily buy guns through such unregulated sales. This loophole has led to a proliferation of unlicensed sellers. With the rise of social media and the expansion of internet access, new avenues for unlicensed gun sales have opened up via websites like Armslist. This expansion of access has made the background check loophole an even more salient issue, and, in fact, nearly a quarter of gun sales in recent years have occurred without a background check.

Fortunately, the Bipartisan Safer Communities Act (BSCA) provided an opportunity for the ATF to issue a rule that would help to clarify the law, narrow the background check loophole, and protect both public safety and Second Amendment rights.

The proposed rule states that a gun seller must obtain a federal license to deal in firearms if they meet certain conditions that constitute dealing in firearms—such as repeatedly selling firearms within a 30-day period or repeatedly reselling firearms in their original packaging—as well as criteria for determining whether a person intends to “predominantly earn a profit.”

ATF’s regulation provides clear guidance on how the BSCA changed the definition of who is “engaged in the business” of selling firearms in a practical way that can be implemented. The proposed rule offers clarity to the gun industry and ensures that the intentions of Congress are being implemented in daily practice.

As responsible gun owners, we support expanding background checks by any means possible. A background check is not an infringement on the Second Amendment, and we support efforts to ensure that more people who sell guns are conducting background checks and not allowing guns to be sold to people with dangerous intentions. Commonsense gun safety laws will help keep our communities safe while not restricting the rights of law-abiding gun owners and dealers.

We strongly support ATF 2022R–17 and urge ATF to finalize this rule swiftly.

Sincerely,

[Add your name using the form below.]