Major change in US gun regulation takes effect after years of political wrangling

AUSTIN, Texas: On most weekends, gun merchant Paden Johnson can be found at gun shows.

Such fairs are a profitable way to supplement the income of his family’s small firearms shop located just outside San Antonio.

His shop is one of about 80,000 licensed firearm dealers in the United States that are required to check the background of every buyer.

But at gun shows, private vendors who were not licensed could legally peddle firearms without running background checks. This has attracted a large number of sellers and buyers to such events.

A new federal rule came into effect on Monday (May 20) as part of the Biden administration’s latest efforts to tighten firearm control laws and combat gun violence.

It expands the definition of who qualifies as a dealer to include anyone who sells a firearm for a profit, including at gun shows and online.

This effectively closes a loophole that has allowed more than 23,000 unlicensed dealers to sell guns without a licence or conducting background checks.

The rule is part of a bipartisan law passed in the wake of the school shooting in the Texan city of Uvalde in 2022, which left 19 children and two adults dead.

REACTIONS TO NEW RULE

At Mr Johnson’s Gun Boss shop, around 20 per cent of background checks come back rejected.

He said the new ruling could stop those who are legally prohibited from purchasing a gun from trying their luck at gun shows.

“The good part about this (new rule) is that it's going to stop the people who can't buy firearms from coming through the door. We spend so much time with people who can't get approved, just to find out that it was a big waste of time,” he said.

Gun control advocates said such statistics are proof that background checks can help keep guns out of the hands of dangerous people.

However, some industry players are not convinced that a piece of paper – which can easily be forged – will stop a person who wants firearms from getting them.

The research on the effectiveness of background checks is mixed.

A report by non-profit think tank Rand Corporation last year found their impact on mass shootings “inconclusive”. 

Meanwhile, other studies showed that states with background check laws already in place have a 10 per cent lower homicide rate.

Observers said such background checks can work if they are diligently enforced.

THERE ARE STILL LOOPHOLES

While many believe the rule change is a step in the right direction, they are worried about loopholes, including guns that are bartered, transferred, given as gifts, or sold as homemade kits – known as ghost guns.

Law enforcement said there has been a 1,000 per cent increase in such guns being recovered from crime scenes since 2017.

“Approximately 22 per cent of people obtain firearms without a background check,” said Mr Devin Hughes, founder and president of GVPedia, a nonprofit focused on gun violence prevention research.

“Enforcement is going to be relatively challenging. It really depends on how much individual states help out with it because local states are going to have more resources than the ATF,” he added, referring to the US Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Bureau, which oversees gun sales in America, has a notoriously small budget – just a third the size of major city police departments.

NEW RULE BLOCKED IN TEXAS

Gun-friendly states have already indicated they will not be helping to enforce the new regulation.

A federal judge on Sunday temporarily blocked the new rule from being implemented in Republican-led Texas, or against members of several gun rights groups.

This came after 26 Republican attorneys general – including Texas Attorney General Ken Paxton – and gun rights advocates filed a lawsuit to block the rule change from taking effect. They argue the ATF is violating the constitutional right to keep and bear arms.

Despite Texas’ success in blocking the regulation, legal experts said it could be a hard sell to courts in other states since the rule change is part of a law passed by Congress.

With the presidential poll coming up, Mr Johnson said this is shaping up to be a good year for his family business.

Firearms sales typically soar ahead of elections in the US, driven by fears a leadership change could cause social instability or more gun regulations.

However, an overwhelming majority of Americans also support universal background checks for all firearms sales and transfers.

In an election year when gun violence is at the top of many voters' minds, the issue could partly determine who sits in the White House next year.