Pistol Brace Rule Submitted by ATF
The U.S. Department of Justice (DOJ), has announced that it has submitted its final rules to “Address Stabilizing Braces, Accessories Used to Convert Pistols into Short-Barreled Rifles” Publication in the Federal Register. The Jan. 13 announcement doesn’t say when the 293-page rule will be published.
“The rule allows for a 120-day period for manufacturers, dealers, and individuals to register tax-free any existing NFA short-barreled rifles covered by the rule,” The announcement refers to the National Firearms Act.
Virginia-based Gun Owners of America (GOA) released a statement condemning the action and decrying what it called the Biden administration’s “latest assault on the Second Amendment rights of gun owners.”
“This administration continues to find new ways to attack gun owners, and this time their target is brace-equipped firearms that allow persons with disabilities to safely and effectively use pistols. We will continue to work with our industry partners to amplify the disapproving voices in the firearms industry, and the Gun Owners Foundation, our sister legal arm, will be filing suit in the near future,” wrote Erich Pratt, GOA’s Senior Vice President wrote shortly after the announcement.
According to the new rule, pistol braces owners have in the past unknowingly violated federal firearms laws. They have 120 days to register, destroy or turn in their firearms after the publication of this rule in Federal Register. The rule does not apply to firearm registrations that are made after 120 days.
It is hard to know how many Americans are affected by the new rule. According to the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 3 million pistol braces were sold. GOA and Second Amendment advocates place the number closer at 40 million.
The issue is a 2012 device that was designed to help shooters with disabilities or others who might need assistance shooting AR 15-platform pistols. The stabilizing brace attaches to the rear of the pistol and the shooter’s forearm. This gives the shooter a more steady aim and allows him to hold the pistol with only one hand.
2014 saw a number of requests by law enforcement officers and firearms dealers for information about the possibility that pistols with stabilizers could be reclassified as short-barreled weapons (SBR) under NFA. ATF was contacted by people concerned that the brace could serve as a stock and allow the shooter to carry the pistol like a rifle.
The ATF has since issued open letters affirming that the braces do not convert pistols into short-barreled guns (SBRs). However, the new rule said that changes in the braces’ design and information disseminated on how to use them make clear that the items turn pistols into prohibited SBRs.
“For these reasons, the (DOJ) must amend the regulatory definition of ‘rifle,’” The new rule is as follows:
1934 was the year that the NFA was created to deal with gangland abuse. To make it more concealable, gangsters in that era often reduced the barrels of shotguns and rifles. The government made such weapons illegal unless their owners paid $200 tax and registered them.
The NFA initially defined an SBR. “a weapon made from a rifle if such weapon as modified has an overall length of fewer than 26 inches or a barrel or barrels of less than 16 inches in length.”
The rule is expected to cost $266.9 millions annually to enforce, while also promoting public safety through gun owners adhering to the NFA/Gun Control Act.
“Keeping our communities safe from gun violence is among the Department’s highest priorities,” The announcement was signed by U.S. Attorney General Merrick Grland.
“Today’s rule clarifies that firearm manufacturers, dealers, and individuals cannot evade these important public safety protections simply by adding accessories to pistols that transform them into short-barreled rifles.”
GOA pushes SHORT Act
Aidan Johnston, GOA’s Director of Federal Affairs, said the new rule is the next step in fighting for Second Amendment rights. Johnston says the new rule is more about safety than control.
“President Biden just initiated the largest federal gun registration scheme in our nation’s history without even the passage of a new law,” Johnston said this in a statement issued the day after the announcement.
Senator Roger Marshall (Republican from Kansas) introduced S.4986 to the U.S. Senate. It is entitled the “Stop Harassing Owners of Rifles Today Act.” (SHORT Act) It would eliminate short-barreled rifles and short-barreled shotsguns from the NFA’s definition of firearms.
“GOA is actively working with Congress to pass a resolution blocking this rule under the Congressional Review Act, and we continue to lobby lawmakers to support Rep. Clyde and Sen. Marshall’s Stop Harassing Owners of Rifles Today (SHORT) Act. If President Biden will not sign such legislation, then Congress must defund this rogue agency,” Johnston wrote.
Michael Clements has over 30 years of experience as a journalist in print. He worked at newspapers in Alabama Florida Texas Oklahoma. He is a strong advocate for the Second Amendment and individual freedoms. He is based out of Durant in Oklahoma.
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