What is the Background Check Loophole?

For more than 30 years, federal law has required background checks on all gun sales from licensed gun dealers. However, federal law does not require background checks on sales between unlicensed parties—like those that frequently occur online or at gun shows. This loophole makes it incredibly easy for people prohibited from having guns to avoid the background check system and get their hands on guns. Federal regulations expanded in 2024 to require more background checks nationwide,¹Department of Justice and Bureau of Alcohol, Tobacco, Firearms and Explosives,“Definition of ‘Engaged in the Business’ as a Dealer in Firearms,” Federal Register 89, no. 77 (April 19, 2024): 28968–29093, https://www.govinfo.gov/content/pkg/FR-2024-04-19/pdf/2024-07838.pdf; Biden-Harris White House, “FACT SHEET: Biden-⁠Harris Administration Announces New Action to Implement Bipartisan Safer Communities Act, Expanding Firearm Background Checks to Fight Gun Crime,” April 11, 2024, https://www.whitehouse.gov/briefing-room/statements-releases/2024/04/11/fact-sheet-biden-harris-administration-announces-new-action-to-implement-bipartisan-safer-communities-act-expanding-firearm-background-checks-to-fight-gun-crime/. but the loophole in the law remains. While many states and Washington, D.C. have closed this loophole by requiring background checks on all handgun sales, neither Congress nor the majority of states have closed it.