ATF Director Can't Say When Private Citizens Violate Agency's New Rule

ATF Director Steven Dettelbach could not define a precise threshold for when private citizens are considered “engaged in the business” of selling guns during a House Judiciary hearing on Thursday.

Rep. Matt Gaetz (R-FL) referenced the ATF’s new universal background check rule during the hearing, then pointedly asked Dettelbach, “So, how many firearms does someone have to sell to be ‘engaged in the business’ of firearms dealing?”

Dettelbach responded, “Congressman, as you know, that matter is being litigated in several courts. So sticking with what’s already in the public record, the rule itself is about 16 pages, skipping lines, and there is about…over 400 pages of explanation. So, there are factors that are conduct based, not numerical based but conduct based.”

He then went on to say the agency “received many comments” on the rule, suggesting some of those comments dealt with where the threshold might be.

WATCH — AWR Hawkins: ATF “Walling In” Citizens from Buying Guns:

Gaetz responded to Dettelbach’s avoidance of presenting an exact threshold by noting that the ambiguity is part of the reason U.S. District Court Judge Matthew J. Kacsmaryk issued a May 19 temporary restraining order (TRO) against enforcement of the ATF rule in the state of Texas. The TRO also prevents the enforcement of the rule against members of Gun Owners of America, the Gun Owners Foundation, the Tennessee Firearm Association, and the Virginia Citizens Defense League.

Gaetz criticized the ambiguity, suggesting it would have been better to describe the threshold in clear terms rather than put law-abiding citizens in a situation where they have “[ATF] guys breaking their doors down and potentially killing them.”

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio, a pro-staffer for Pulsar Night Vision, and the director of global marketing for Lone Star Hunts. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and has a Ph.D. in Military History. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.