There is much news today about the Biden administration closing the gun show loophole.

As with much of politics, the details matter. Back in 2022, Congress passed Bipartisan Safer Communities Act, notably sponsored by Marco Rubio (R- FL), which laid the groundwork for this rulemaking.

We will have a full analysis soon, but an examination of the ACTUAL rule document its shows that it is largely about defining what it means to be engaged in the commerce of firearms. From about page 459 of the rule register, (§ 478.13):

A person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through
the repetitive purchase and resale of firearms. The term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of the person’s personal collection of firearms. In addition, the term shall not include an auctioneer who provides only auction services on commission to assist in liquidating firearms at an estate-type auction; provided, that the auctioneer does not purchase the firearms, or take possession of the firearms for sale on consignment.

They outright decline to define an arbitrary number of transactions:

Whether a person is engaged in the business as a dealer under paragraph (a) of this section is a fact-specific inquiry. Selling large numbers of firearms or engaging or offering to engage in frequent transactions may be highly indicative of business activity. However, there is no minimum threshold number of firearms purchased or sold that triggers the licensing requirement.

And presume the person is engaged in this type of commerce based on the following criteria:

(c) Presumptions that a person is engaged in the business as a dealer. In civil
and administrative proceedings, a person shall be presumed to be engaged in the business
of dealing in firearms as defined in paragraph (a) of this section, absent reliable evidence
to the contrary, when it is shown that the person—
(1) Resells or offers for resale firearms, and also represents to potential buyers or
otherwise demonstrates a willingness and ability to purchase and resell additional
firearms (i.e., to be a source of additional firearms for resale);
(2) Repetitively purchases for the purpose of resale, or repetitively resells or
offers for resale, firearms—
(i) Through straw or sham businesses, or individual straw purchasers or
sellers; or
(ii) That cannot lawfully be purchased, received, or possessed under
Federal, State, local, or Tribal law, including:
(A) Stolen firearms (e.g., 18 U.S.C. 922(j));
(B) Firearms with the licensee’s serial number removed,
obliterated, or altered, or not identified as required by law (e.g., 18 U.S.C.
922(k) or 26 U.S.C. 5861(i));
(C) Firearms imported in violation of law (e.g., 18 U.S.C. 922(l),
22 U.S.C. 2778, or 26 U.S.C. 5844, 5861(k)); or
(D) Machineguns or other weapons defined as firearms under 26
U.S.C. 5845(b) that cannot lawfully be possessed (e.g., 18 U.S.C. 922(o);
26 U.S.C. 5861(d));
(3) Repetitively resells or offers for resale firearms—
(i) Within 30 days after the person purchased the firearms; or
(ii) Within one year after the person purchased the firearms if they are—
(A) New, or like new in their original packaging; or
(B) The same make and model, or variants thereof;

So, if you have a collection and are repeatedly hawking that collection online or at a gun show, they are likely to presume you should be a licensee, and therefore, the transactions are subject to the completion of a 4473.

There is other stuff in the rule, clarifying auctioneers’ roles and the like. Some of it is probably ripe for abuse by law enforcement, but they aren’t getting rid of private sales or even Gun Shows. I expect many legal challenges, that may or may not succeed.

Stay tuned.