December 5, 2023
We appreciate the opportunity to comment on the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”)’s proposed rule to implement the provisions of the Bipartisan Safer Communities Act (“BSCA”), which broaden the definition of when a person is considered “engaged in the business” as a dealer in firearms other than a gunsmith or pawnbroker.
The National Center for Health Research (NCHR) is a nonprofit think tank that conducts, analyzes, and scrutinizes research on a range of health and safety issues, with a particular focus on how to use research information to improve the lives of patients and consumers. We do not accept funding from companies that make products that are the subject of our work, so we have no conflicts of interest.
Approximately 1 in 5 gun purchases in the United States occur without a background check, whereas 85% of Americans are in favor of requiring background checks for all firearm purchases.1 2 We agree with the majority that all individuals seeking to purchase a firearm should undergo a background check.
This proposed rule would clarify the definition of “engaged in the business” to have the intent to “predominantly earn a profit,” meaning that those who seek to purchase a firearm from a trade show or online will now be subject to background checks. Experts estimate that nearly 1 in 9 people who seek out firearms online would not pass a background check.3 The absence of mandatory background checks at trade shows and online creates an incentive for these individuals to acquire firearms from these sellers and contributes to the disproportionate use of these weapons in criminal activity.4
NCHR strongly supports the ATF proposed rule that would close the “gun show loophole” that has previously allowed those who would not pass a background check to purchase firearms through trade shows and over the internet. Buyers would be required to undergo a background check and be subject to the regulations of traditional brick and mortar stores. Narrowing this loophole would help to ensure that firearms stay out of the hands of those who otherwise would not be able to acquire one legally. This rule will save lives and curb the horrific gun violence epidemic facing this country.
[1] Gun Laws, Loopholes, and Violence. (n.d.). Brady. Retrieved December 6, 2023, from https://www.bradyunited.org/issue/laws-and-loopholes
[2] Does Gun Control Really Work? (2017, December 14). National Center for Health Research.https://www.center4research.org/does-gun-control-really-work/
[3] Unchecked: An Investigation of the Online Firearm Marketplace. (n.d.). Everytown Research & Policy. Retrieved December 6, 2023, from https://everytownresearch.org/report/unchecked-an-investigation-of-the-online-firearm-marketplace/
[4] Gun Shows. (n.d.). Giffords. Retrieved December 7, 2023, from https://giffords.org/lawcenter/gun-laws/policy-areas/gun-sales/gun-shows/