The Biden administration moved Thursday to close the so-called "gun show loophole" for background checks, but Wyoming gun show organizers and firearms dealers said they donât expect it to change anything.
âItâs a constant effort to keep throwing mud against the wall to see whatâs going to stick,â Scott Tarbell told Cowboy State Daily.
Heâs the organizer of the New Frontier Gun Show and Western Collectibles Show, set for August in Cheyenne this year.
Tarbell isnât too concerned about his show in particular because it centers mostly on high-end collectable and antique firearms. But he is concerned that the Biden administrationâs move could disrupt the gun industry overall while doing nothing to make Americans safer.
âI think itâs certainly going to wreak havoc in the gun industry, but I think thereâs too much of a gray area, and I donât think it will get anywhere,â he said.
The gun show loophole refers gun sales for profit between private parties, either at gun shows or other locations, that donât require a federal firearms license (FFL) on the sellerâs part or background checks for buyers.
Will It Really Affect Personal Sales?
The Biden administration reportedly planned Thursday to file a final rule with the Bureau of Alcohol, Tobacco and Firearms (ATF), with the rule to take effect within 30 days.
The rule was issued under the 2022 bipartisan federal Safer Communities Act. It would require anybody who sells firearms for profit to have an FFL and all buyers to subject to background checks â including at guns shows, flea markets and the like.
Gun shows in Wyoming frequently involve a mix of licensed dealers that require background checks, and people buying, selling or trading their personal firearms â with no licenses or background checks required.
Scott Weber, owner of Gunrunner Firearms & Auctions in Cody, told Cowboy State Daily heâs not sure how the Biden administrationâs rule would change existing regulations or stop people from using creative work-arounds to buy guns.
As he understands the Biden administrationâs rule, it still would not apply to strictly personal gun sales between private parties and not intended to make a business profit. Nor would it apply to people passing their personal firearms collections down to heirs, Weber said.
Shady Work-Arounds
And even people who are trying to sell guns as a profitable business without a license will probably just get creative, Weber added.
âThere will be a lot of dealing in the parking lot outside of the gun show and places like that, with cash,â he said.
Ryan Allen, owner of Frontier Arms & Supply in Cheyenne, told Cowboy State Daily that the ATF can already put pressure on unlicensed people who try to fudge the rules at gun shows and say they are just selling personal firearms, when clearly theyâre trying to do it as a business.
âIf youâre there, at every gun show, and youâve got 20 Glocks youâve got 20 ARs on your table, and youâre trying to say thatâs your personal collection, the ATF is going to say, âNo itâs not, you need to go get an FFL,ââ he said.
Allen said he doesnât think the Biden administrationâs ruling will change anything in that regard.
âI donât think itâs going anywhere, because the ATF will get slapped down for overreach,â he said.
Weber, who also has a firearms business in Ohio, says he frequently works with ATF agents and knows they sometimes run stings at gun shows for people trying to fudge the rules.
âTheyâve got a whole script,â he said. âAn agent might go to a gun show with an M1 Garand (vintage military rifle) and start asking around with a story, âMy grandpa died and left me this rifle he brought back from World War II, and my wife doesnât want any guns in the house, will you give me $300 for it?â
âAnd if a guy buys the Garand for $300 and then that guy turns around and puts it out on his table for $1,800, then away that guy goes in handcuffs, because thatâs trafficking in firearms for a profit without a license,â Weber added.
Agents Too Busy Already
Weber said he thinks ATF agents will likely resent the Biden administrationâs rule as an unenforceable mandate that will just create more work for them.
âTheyâre already stretched thinner than restaurant soup,â he said.
Weber, Allen and Tarbell said Thursdayâs move is just more proof that Biden is anti-gun.
âBiden doesnât like gun dealers. He thinks weâre merchants of death,â Weber said. âWeâre not. Weâre actually on the front lines of keeping guns out of the hands of people who should not have guns.â
Mark Heinz can be reached at mark@cowboystatedaily.com.





