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