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During a recent House Judiciary Committee hearing titled “Oversight of the Bureau of Alcohol, Tobacco, Firearms, and Explosives,” ATF Director Steve Dettelbach faced intense questioning from Republican Representative Chip Roy of Texas about a background check rule enacted by the current administration. Despite the pressing questions, Dettelbach struggled to provide clear answers regarding the specifics of the rule which had been announced by the Attorney General on April 10.
Chip Roy: “Do you, as the director [of ATF], believe that the federal government should track ownership of firearms among the American people?”
Chip Roy Grills ATF Director Dettelbach To Get A Commitment On A Fixed Number of Guns That Would Require A License To Sell pic.twitter.com/AWC9vyjYJZ
— The NPC Show (@TheNPCShow) May 23, 2024
The rule in question revolves around the requirements for obtaining a Federal Firearms License (FFL). Rep. Roy posed a direct question to Dettelbach about whether a private individual, such as himself, would need an FFL to sell a gun to a friend within Texas. “If I want to sell a gun that I currently own to a friend in Texas, do I need a license?” Roy asked.
Dettelbach initially responded vaguely, citing the ongoing litigation surrounding the rule. “So, the getting into the specifics of the role, which is in litigation…” he began before being interrupted by Roy, who insisted on a straightforward answer. Dettelbach then clarified, “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.”
The discussion highlighted the legal distinction under 18 USC 922(a), which stipulates that only individuals engaged in the business of selling firearms as a business are required to have an FFL. This led Roy to further query whether a regular citizen, selling a weapon on an isolated basis, would need to apply for a license. Dettelbach reiterated that if the individual is not engaged in the business of selling firearms, they would not need an FFL.
When you dig into the “statistics” that gun control proponents wave around, they fall apart under the lightest scrutiny. @RepThomasMassie presses ATF Director Dettelbach on his own testimony. The results are unsurprising. pic.twitter.com/VtlnCE5BTl
— National Association for Gun Rights (@NatlGunRights) May 23, 2024
However, as the conversation continued, Roy presented another hypothetical scenario where a person occasionally sells firearms. Dettelbach referenced the language of Congress and the rule itself, noting that inheritance of firearms, for example, does not indicate engagement in the business of selling firearms.
Despite these clarifications, Roy expressed frustration over the complexity of the rule and the potential confusion it could cause among the public. He pointed out the difficulty in understanding the legal requirements when even the director of the ATF struggled to provide definitive answers without resorting to hypotheticals.
“Is it not troubling that an average citizen, confronted with four hundred pages of rulemaking, might not understand what they are allowed to do under the law when the director of the ATF can’t tell a member of Congress emphatically whether selling one, two, three, or even five weapons requires a license?” Roy challenged.
The exchange underscored ongoing debates and confusion surrounding firearms regulations, emphasizing the complexities of legal interpretations and the challenges of clear communication from regulatory bodies to the public.
Remember this gem a few years ago?
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Biden’s ATF Nominee David Chipman will declare war on law-abiding gun owners.
This highly paid gun control lobbyist, who worked for Bloomberg & Giffords, supports banning semi-auto rifles, registering/taxing those already in possession & his end game is confiscation. pic.twitter.com/kgBjL2ZAhS
— NRA (@NRA) May 28, 2021
Major Points
- ATF Director Steve Dettelbach faced tough questions from Rep. Chip Roy regarding a new background check rule during a House Judiciary Committee hearing.
- The rule in question, announced by the Attorney General on April 10, pertains to when individuals are required to obtain a Federal Firearms License (FFL) for selling firearms.
- Rep. Roy asked whether a private sale of a firearm to a friend in Texas would require an FFL, highlighting the rule’s ambiguity.
- Dettelbach emphasized that only those engaged in the business of selling firearms need an FFL, but struggled to provide straightforward answers for specific scenarios.
- The discussion revealed confusion and potential misunderstandings among the public about the new firearms regulations, even as the ATF director could not provide clear guidance.
Susan Guglielmo – Reprinted with permission of Whatfinger News