AWR Hawkins over at Breitbart is reporting that ATF Director Steven Dettelbach faced pointed questions from Rep. Matt Gaetz (R-FL) regarding the new universal background check rule during a House Judiciary hearing on Thursday. Gaetz sought a precise definition of what constitutes “engaged in the business” of selling firearms, a key element in the enforcement of the rule.
Dettelbach admitted that there is no specific numerical threshold for when private citizens are considered firearms dealers. Instead, he explained that the rule is “conduct based,” spanning over 400 pages of explanation and does not pinpoint an exact number of firearms sold.
The lack of clarity prompted criticism from Gaetz, who highlighted that this ambiguity led U.S. District Court Judge Matthew J. Kacsmaryk to issue a temporary restraining order (TRO) on May 19. The TRO halts the enforcement of the ATF rule in Texas and protects members of several pro-gun organizations, including Gun Owners of America, the Virginia Citizens Defense League and the Tennessee Firearm Association among others.
Gaetz argued that the uncertainty surrounding the threshold could put law-abiding citizens at risk, emphasizing the need for clear guidelines to prevent potentially dangerous enforcement actions by the ATF. Dettelbach noted that the agency had received numerous comments on the rule, indicating widespread concern over the issue.
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