DOJ Issues Final Rule Defining “Engaged in the Business” for Firearms Dealers

WASHINGTON D.C. – The Justice Department has unveiled a new rule to update the definition of who can be considered as a Firearms Dealer.

The new rule is supposed to bolster compliance with federal background check requirements for firearm sales.

spurred on by the Bipartisan Safer Communities Act (BSCA) enacted on June 25, 2022, the new rule broadens the definition of individuals selling firearms.

The rule requires gun dealers to obtain federal licenses and conduct background checks regardless of where they sell guns.

“Under this regulation, it will not matter if guns are sold on the internet, at a gun show, or at a brick-and-mortar store: if you sell guns predominantly to earn a profit, you must be licensed, and you must conduct background checks,” said Attorney General Merrick B. Garland.

“This regulation is a historic step in the Justice Department’s fight against gun violence. It will save lives.”

The rule is aimed at closing the so-called “gun show loophole,” clarifying what it means to be “engaged in the business” of selling weapons at gun shows and other venues.

Gun dealers selling online will face the same requirements as gun stores to check the backgrounds of would-be buyers.

“The Bipartisan Safer Communities Act enhanced background checks and closed loopholes, including by redefining when a person is ‘engaged in the business’ of dealing in firearms,” said Deputy Attorney General Lisa Monaco.

The Final Rule goes into effect 30 days after the date of publication in the Federal Register, and Gun rights groups are likely to challenge the rule in court.

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