The Justice Department has dismantled a Biden-era requirement that gun sellers conduct background checks at gun shows and other informal venues, restoring what firearms advocates call the gun show loophole.
Acting Attorney General Todd Blanche announced the rollback as part of what he described as the most comprehensive regulatory reform package in the Bureau of Alcohol, Tobacco, Firearms and Explosives history. The move aligns with efforts by the Trump administration to reverse firearm restrictions implemented under the previous administration.
Biden officials in 2024 had closed the loophole by requiring anyone engaged in the business of selling firearms for profit to obtain a federal firearms license and run background checks regardless of where they sold guns: at gun shows, online, or in brick-and-mortar stores. Gun rights groups and Republican-led states immediately challenged the rule in court, claiming it exceeded presidential authority and violated Second Amendment rights.
Blanche argued the changes bring gun regulations into compliance with Supreme Court rulings while reducing what he called red tape for sellers and owners. "For too long, regulations were written without any real understanding of how firearms businesses operate, how lawful gun owners handle their firearms, or what truly improves public safety," he said.
The department is also rescinding a 2023 rule restricting pistol braces, attachments that allow shooters to shoulder a handgun like a rifle. A federal court had already struck down that regulation.
Gun control advocates sharply criticized the shift. John Feinblatt, president of Everytown for Gun Safety, said the moves came just days after the White House correspondents' dinner shooting and accused the administration of gutting commonsense gun safety laws while undermining the federal agency responsible for keeping firearms away from criminals. The group called the policy response a gift to gun rights activists at the expense of public safety.
The changes coincide with the Senate confirmation of Robert Cekada as ATF director. Cekada, a longtime law enforcement officer who has served as deputy director for the past year, replaces the previous leadership.
The regulatory retreat fits a broader Trump administration pattern on the Second Amendment. In February of last year, Trump issued an executive order directing the Justice Department to assess potential infringements on gun rights. He later created a section within the civil rights division dedicated to gun rights issues.
Author James Rodriguez: "The gun show loophole is back, and it didn't even require Congress to act, just a Justice Department memo and a sympathetic court system."
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