During a recent hearing, ATF Director Steve Dettelbach faced difficulty in responding to inquiries regarding a background check rule implemented by the Biden administration. Republican Representative Chip Roy of Texas specifically questioned Dettelbach about this rule during the House Judiciary Committee’s oversight session on the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Roy sought clarification from the ATF director regarding the threshold at which individuals would be obligated to obtain a Federal Firearms License (FFL) for the sale of firearms, as outlined in the announcement made by Attorney General Merrick Garland on April
“If I want to sell a gun that I currently own to a friend in Texas, do I need a license?” Roy asked Dettelbach.
“So the getting into the specifics of the role, which is in litigation…” Dettelbach said before Roy interrupted the ATF director, saying, “This ought to be a really simple question.”
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“I understand,” Dettelbach replied, “So, you look at the totality of the circumstances. If we’re talking about an isolated sale from somebody who is not engaged in the business of dealing firearms, you don’t need a license.”
Under 18 USC 922(a), only people with a FFL can engage in the selling of firearms as a business.
“So if I a citizen this, this country, I live in Texas, I have a weapon and I want to sell it to a fellow Texan, on an isolated basis, do I need a license?” Roy asked.
According to 18 USC 922(a), individuals must possess a Federal Firearms License (FFL) in order to conduct firearm sales as a business.
“Again, if, if you’re not engaged in the business of selling firearms, those are Congress’s words…”
Roy interjected to describe a different theoretical scenario, in which an individual sporadically sells guns.
“I think, pursuant to the clear language of Congress, in doing this and to the things we said in the rule, we specifically mention inheritance as one of the things that is not indicative of engaging in the business,” Dettelbach said.
“Do you, as the director [of ATF], believe that the federal government should track ownership of firearms among the American people?”
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— Rep. Chip Roy Press Office (@RepChipRoy) May 23, 2024