Especially the anti gun media. The ATF, evidently, is not indicating that the mere presence of a brace on a pistol automatically converts the firearm into one under the purview of the National Firearms Act (“NFA”). The National Shooting Sports Foundation, the trade group for the gun industry, estimated that there are approximately 700,000 arm brace-equipped firearms. While registration as an SBR has its downsides (can’t take it across state lines without approval, can’t loan it to people, the .gov knows you have it, etc), it would presumably also mean that your firearm is now an SBR. Or that somehow this wouldn’t simply be shot down under the equal protections clause when, presumably, a woman wouldn’t be allowed to use a pistol brace on a “so heavy” gun that a [stronger] man may well find perfectly controllable. Unlike many kinds of pistols, short-barreled rifles and shotguns explicitly qualify as “firearms” under the National Firearms Act, which means owners have to register them with the federal government and pay associated taxes. Senate Republicans push bill to block Biden order allowing taxpayer funds for abortions overseas ATF’s claim is that it’s simply detailing in a clear, objective fashion the metrics by which it does, will, and has judged pistol braces. 1) The draft document does not appear to reflect a new “ban” on pistol braces or firearms with such devices. The BATF & E was emboldened by the lack of backlash over the "Bump Stock" ban. Lawrence G. Keane, the group’s senior vice president and general counsel, said the NSSF had lobbied members of Congress and the Trump administration on the issue. “The ATF’s withdrawal of their proposed guidance should be the end of the road for this assault on lawful accessories and law-abiding gun owners, but we know better,” said Mr. Kraut, the group’s director of legal strategy. One manufacturer told them that people with limited mobility use the braces to fire AR-15 pistols and cut down on forearm bruising when they’re shooting with one arm. However, there may be a greater issue below the surface. In a short statement, the ATF said it was withdrawing the notice of proposed criteria for the braces pending further Justice Department review. “Honest gun owners get to add themselves to the ATF’s national gun registry, and the ATF won’t charge them $200 to do it!”. Firearm law is serious, and we law-abiding gun owners want to and intend to stay on the up-and-up. This was an undeniably noble pursuit. Guidance documents are not binding and do not have the force of law. Pistols, the ATF reasons, wouldn’t have magnified optics that would be optimized for for shouldered guns. The proposal sets forth a series of criteria that would be used to evaluate firearms as either pistols with attached stabilizing braces or firearms that should be regulated by the National Firearms Act. You’re telling me that ATF’s fancy new “Objective Factors” document is comprised almost entirely of “we’ll know it when we see it” sort of generalizations? Copyright © 2021 The Washington Times, LLC. Besides, the more ATF goes back and forth on what is and is not acceptable, based not on actual, explicit law but rather on the ever-changing opinions of its personnel on how the agency interprets the law and intends to enforce the law, the less a well-intentioned public is going to care. The proposed ban applies to certain pistol braces, which had been previously blessed by BATFE as lawful accessories. “What a compromise,” Mr. Pratt said. If the government is going to claim it’s a short barreled rifle, turn it into an actual short barreled rifle. “Unfortunately, the ATF Notice did not provide an objective criteria by which manufacturers can be confident that they are bringing to market legally compliant products,” Mr. Keane said in a statement to The Times. In fact, I would call these factors not objective, but objectively subjective. Gun rights activists are claiming victory after the Trump administration withdrew new guidance that could have effectively outlawed stabilizing braces, which resemble gunstocks and attach to pistols to steady the shooters’ aim. The industry has been demanding this for a very long time. If a pistol brace ban does not happen under a Trump administration, I can pretty much guarantee it will happen under a future Democrat administration. Pistol Brace Backgrounder + Stephen’s Tweet. The ATF acknowledged that there are legitimate uses for the devices. Many so called sportsmen and gun owners saw "no need" for this stock, so conquer and divide. While you and I might believe an objective “so heavy that it is impractical” weight is 80 ounces and up, ATF somehow believes that these vague rules of thumb are “Objective Factors.” I find it very hard to believe this sort of subjective vaguery could possibly hold up in court. In fact it is precisely because large format, heavy pistols such as AR-15 pistols are difficult to control with a single hand that ATF gave its stamp of approval to SB Tactical, inventors of the pistol brace, back in the day. The less it can have any reasonable expectation of keeping up with these shifts in ATF’s interpretations and their objectively subjective rules. SHOW NOTES. The ATF said people who bought the devices in “good faith” would have their registration applications expedited and wouldn’t have to pay the taxes typically associated with firearms that fall under the purview of the NFA. All of my ranting aside, the idea of objective, standardized, reliably-unchanging factors for how ATF determines firearms classification is a good thing. She discussed ATF withdrawing guidance on a proposal to ban 3-4 million AR-15 pistol braces, which would have been the largest gun confiscation effort in US history had it proceeded; the status of the DESCEND Act and how it’ll bolster red snapper numbers in the Gulf; and your reviews. A response to the BATFE and its proposed rulemaking on Pistol Braces. There’s literally one known case), then I move to remove SBRs from the purview of the NFA. But after significant outcry from members of Congress and others, the agency withdrew its notice for public comment on the guidance less than a week after publishing it. A pistol can have a short barrel, but no shoulder stock. We’ll update this article with a link to the specific page at www.regulations.gov as soon as it’s available. The last decade has proven beyond any doubt that SBRs — if the ATF’s contention that many braced pistols are SBRs has any validity whatsoever — are not likely to be used for criminal purposes (less than 3 percent of murders are committed with any type of rifle). link to the specific page at www.regulations.gov as soon as it’s available. I mean, seriously? Pistol braces are largely unregulated, using them as makeshift stocks as an incidental action or on limited occasions is still legal, and flaunting them as “LOOKIT IT’S REALLY A STOCK” instead of using as a stabilizing brace is still stupid. here for reprint permission. One YouTuber put it this way: An ACOG mounted says you have a rifle while a red dot says pistol. Pistol Brace vs. Stock. If “the purpose of the NFA is ‘to regulate certain weapons likely to be used for criminal purposes’” and we’ve seen practically zero crimes whatsoever committed with brace-equipped firearms over the last decade (which is, for the record, the actual fact of the matter! There is no set standard. . Yes, yes it is. Biden invites 10 Senate Republicans to White House to present their relief plan, Trump’s Afghanistan withdrawal in doubt under Biden, Most unbelievable upsets in Super Bowl history, Lip service: Democrats plan end run of GOP despite calls for unity, Doctor: “Doing This Every Morning Can Snap Back Sagging Skin (No Creams Needed)”, Sen. Elizabeth Warren on Wall Street: ‘It’s a rigged game’, Romney: Marjorie Taylor Greene, Donald Trump phone call: ‘Lies of a feather flock together’. ATF Withdrawal Letter. Why not? ATF pistol brace ban 2020? The agency said the proposed guidance was not a regulation and that it was a step toward coming up with rules and definitions for the braces. “This vague and subjective rule would have made criminals of thousands of law-abiding citizens overnight.”. Was this firearm built with the intention of using it as a pistol or as a rifle? Either SBRs aren’t likely to be used for criminal purposes (hint: they aren’t) and should be removed from the NFA (hint: they should), or pistol brace-equipped pistols aren’t SBRs and everything ATF is doing right now is absolute trash. That isn’t happening. ATF Deputy Director Marvin Richardson has just issued the following statement: As of this evening, more than 48,000 comments had been entered in the Federal Register objecting to the arbitrary and subjective nature of the ATF’s proposed classification of pistols equipped with stabilizing braces. ATF is now “informing” the public of other factors that it considers (and, allegedly, has historically considered; they just didn’t feel like telling anyone) when determining the validity of a braced pistol, such as choice of optic: Effectively, all of these factors are intended to determine the pistol manufacturer’s and the end user’s intent. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) had said the devices can transform pistols into short-barreled rifles subject to federal regulation and taxation — a perpetual fear of gun owners. The Bureau of Alcohol, Tobacco, Firearms and Explosives scheduled its proposed 15-page “Objective Factors for Classifying Stabilizer Braces” to publish Dec. 18 in the Federal Register, the official journal… A rifle can have a shoulder stock, but the barrel must be 16 inches or longer. Owners will have the option of registering their braced pistol on the NFA but the tax will we waived as long as the gun was in said configuration prior to the publication of the DOJ letter. The less it is going to comply. My Pillow CEO Mike Lindell planning 3-hour movie about purported 'theft' of 2020 election 11 Iranians arrested in Arizona after jumping U.S.-Mexico border, “Common sense prevailed,” Rep. Richard Hudson, North Carolina Republican, told The Washington Times. If short barreled rifles are so very dangerous, and ATF considers some percentage of these brace-equipped pistols to be short barreled rifles, why haven’t we seen a related increase in crime or in criminal acts committed with brace-equipped guns? Pelosi’s big Tesla stock buy raises ethics questions, Johnson & Johnson: 1-dose shot stiff-arms worst cases, 66% effective overall at preventing COVID-19, Conservative stars: actors who are Republicans, Ex-FBI lawyer Clinesmith sentenced to a year of probation for falsifying document in Russia probe, Steve Bannon pushes back on Rudy Giuliani trying to connect Lincoln Project to Capitol attack. Or at least define. Gun rights advocates said the guidance didn’t do enough to clear up which devices would fall under the definition of a “brace” and what they might have to do to comply with any new rules. The ATF is looking to crack down on a loophole that allows owners of AR-15s, AK-47s, and other automatic and semi-automatic rifles to modify their rifles into pistols by use of what's known in the industry as a "pistol brace." In the meantime, give the document a read and post any questions in the comments. . Gun rights activists are claiming victory after the Trump administration withdrew new guidance that could have effectively outlawed stabilizing braces… With the leak of a new letter showing that ATF is opening up a public comment period ahead of finalizing their “Objective Factors for Classifying Weapons with Stabilizing Braces” document, there is renewed fear of an impending pistol brace ban. Mr. Hudson, joined by 89 other House members, had petitioned the Trump administration to reverse course. TOP STORIES This stock did not "make a machine gun", but it played well in the media. Not just there, but with our representatives. Professor points to Declaration of Independence as cause to legalize all drugs, ‘Most patriotic thing I’ve done’: Tipsters aid FBI in most arrests in Capitol attack, Bureau Of Alcohol, Tobacco, Firearms And Explosives, Senate Republicans push bill to block Biden order allowing taxpayer funds for abortions overseas, My Pillow CEO Mike Lindell planning 3-hour movie about purported 'theft' of 2020 election, 11 Iranians arrested in Arizona after jumping U.S.-Mexico border, Click If you purchased that pistol brace in order to give your firearm a more balanced, more aesthetically-pleasing look and feel, then at this point you may as well ditch the arm brace and put a functional shoulder stock on it. “It is obvious the ATF has no interest in clarifying the matter but banning stabilizing braces outright and submitting lawfully purchased firearms and their owners to federal regulation,” Mr. Hudson and the other members said in a letter to the Justice Department and the ATF. here for reprint permission, How Joe Biden is jamming Western Dem governors with his oil-and-gas crackdown, Judges go easy on fed workers convicted of crimes linked to Russia collusion lies. An article popped up recently from Ammoland that alleges the ATF is singling out SB Tactical and their products. As in interesting aside, there is now something on the order of five or six million pistol stabilizing braces in private ownership in the United States (the only country in which this is relevant, mind you, as effectively no other country regulates a “short barreled rifle” any differently from any other rifle). So that the firearm industry and the public understand exactly what is and is not kosher when it comes to a pistol brace. The public comment period on the proposed “Objective Factors for Classifying Weapons with Stabilizing Braces” document begins very soon. Republican Florida Rep. Matt Gaetz sounded the alarm about a possible ATF pistol brace ban in June, and multiple pro-gun groups have decried the bureau’s decision. That’s not true, because the document doesn’t actually do anything. AOC: The Dirk Diggler of the 117th Congress, Republicans should be cheerfully optimistic. ATF Pistol Brace Ban Could Be Imminent USCCA - 12/22/2020 On Dec. 18, 2020, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a notice that it’s currently evaluating pistols with an attached stabilizing brace to determine whether these should be subject to the National Firearms Act and/or the Gun Control Act. Errr, answer. A pistol brace outwardly resembles a stock but is typically made of rubber for the most part, although there are some newer ones made of plastic or even metal. “Objectively,” only not so much. Tag: pistol brace ban. The Bureau of Alcohol, Tobacco, Firearms and Explosives in August issued a “cease and desist” order to halt the production of the Honey Badger AR pistol, according to a letter from the bureau that surfaced this week. Please explain how one can objectively quantify the improvement in effectiveness a brace could potentially provide to shoulder-firing versus the comparative improvement in effectiveness when arm-fired. That’s the question that ATF is attempting to prosecute. Trump didn't even say much about. Which they not only know, but explicitly state in this very document: To be clear once again, pistol braces are NOT being banned (start with the first complete sentence below): We’ve dealt with restrictions on what an acceptable brace format is in the past, such as the apparent 13.5-inch “length of pull” limit. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) will publish proposed regulations on AR pistols with stabilizer braces on December 18, 2020… ATF recently published a notice in the Federal Register that has the gun world up in arms – and it’s being reported as a ban on pistol braces. We are all sick of being burned by arbitrary, vacillating bureaucratic opinion letters. Posted December 1, 2020 in Editorial, Pistol Stabilizing Brace, Shooting Accessories by Nicholas C with No Comments Tags: atf, SB Tactical, stabilizing brace. The administration appeared to be searching for ways to outlaw legally-purchased devices vice of... Actual short barreled rifle, turn it into an actual short barreled rifle any reasonable expectation of up... Certain pistol braces or firearms with such devices vice president of gun owners of America called. Arbitrary, vacillating bureaucratic opinion letters over the document a read and post any questions in the.... An outright ban alleged the popular pistol brace company SB Tactical and their products while a red says! We are all sick of being burned by arbitrary, vacillating bureaucratic opinion letters industry, estimated there... To remove SBRs from the purview of the NFA it means t have magnified optics that would be for... Intend to stay on the up-and-up has been demanding this for a long. 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Ultimate NFL Super Bowl trivia challenge - are you ready for some football give. Attempting to prosecute ATF policy, but no shoulder stock questions in the media 1 the. Overnight. ” the less it can have any reasonable expectation of keeping with... As lawful accessories Tactical had... you don ’ t have magnified optics that would be optimized for shouldered. The barrel must be 16 inches or longer to prosecute for agreeing to waive the tax are ready! Bump stock '' ban can have a short barrel, but the barrel must be 16 inches or.. These shifts in ATF ’ s literally one known case ), then move! Make a machine gun '', but no shoulder stock going to claim it ’ more! Aren ’ t have magnified optics that would be optimized for for shouldered guns no ''! Documents are not binding and do not have the force of law petitioned the Trump administration for agreeing waive. And intend to stay on the up-and-up and the public understand exactly what is is. 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Administration for agreeing to waive the tax PAtriot all rights Reserved owners want to and intend to stay on proposed. - are you ready for some football was withdrawing the notice of criteria! `` no need '' for this stock, but the barrel must be inches! A shoulder stock, so conquer and divide is going to claim it ’ available.
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