In April, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), in accordance with the Bipartisan Safer Communities Act, finalized a rule to clarify the definition of who is considered “engaged in the business” of selling firearms and therefore subject to the legal requirements of a licensed gun dealer—such as running background checks on buyers.

GIFFORDS and former Congresswoman Gabby Giffords have been advocating for this background check expansion since 2013. In December, thousands of members of GIFFORDS Gun Owners for Safety submitted a letter in support of the rule.

Now, some members of Congress are attempting to repeal this rule.

Nearly 80% of firearms used for criminal purposes were obtained from unlicensed sources, meaning no background check was required. This rule will expand background checks, help us address this dangerous problem, and save lives.

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?

June XX, 2024

Dear Leader Schumer, Minority Leader McConnell, Speaker Johnson, and Democratic Leader Jeffries:

Giffords Gun Owners for Safety is a coalition of gun owners from across the country who know that responsible ownership and sensible gun laws can and do coexist. We fully support laws and regulations at the federal and state level proven to save lives from gun violence. Among the most foundational of the policies that keep our communities safer are background checks on gun sales. As such, we write in strong opposition to H.J. Res. 144/S.J. Res. 83 which would repeal the recent regulation finalized by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) concerning the definition of who is considered “engaged in the business” of dealing firearms.

For decades, federal law did not require a background check for firearm sales at gun shows, through online marketplaces, or between private individuals. Individuals who would otherwise be prohibited from purchasing or possessing a gun were able to exploit that loophole and buy guns without first undergoing a background check. A recent report from the ATF examining firearms trafficking from 2017 to 2021 found that more than 40% of investigations during that time period involved unlicensed firearm dealing by private persons. This is the exact type of unlawful activity that the ATF’s “engaged in the business” rule would help to stop.

Fortunately, the passage of the Bipartisan Safer Communities Act (BSCA) in 2022—and Congress’ changes to the definition of “engaged in the business”—provided an opportunity for ATF to draft a rule that protects both public safety and Second Amendment rights. Last year, GIFFORDS Gun Owners for Safety submitted a comment in support of the proposed rule. We applauded the swift publication of the final rule in April 2024, which provides clear guidance on how the BSCA changed the definition of “engaged in the business,” offers clarity to the gun industry, and ensures the intentions of Congress are implemented in daily practice.

As responsible gun owners, we know commonsense gun safety laws will help to keep our communities safe while not restricting the rights of law-abiding gun owners. Ensuring that people who are dealing in firearms as a business practice are appropriately licensed and conduct background checks is critical. The ATF’s rule will prevent people who are prohibited from accessing guns from circumventing the law, and it will keep our communities safe. We urge you not to advance H.J. Res. 144/S.J. Res. 83 and keep this lifesaving rule in place.

Sincerely,

[Add your name using the form below.]