The last I saw on this was a big "dunno."
IIRC 34 State AG have filed to stop ATFE enforcement of the New Rule, largely due to the vagueness of the new Rule.
There are several suits pending versus ATFE on the Rule for various Gun Rights organizations.
I did note at Saturday's Fort Worth Gun Show, the promoter having a sign reading "You must have a federal license if you are in the business of selling guns."
THis will not help answer your question, obviously.