You are currently reading "ATF Withdraws Pistol Brace Guidance", entry #26486 on The Captain's Journal.This article is filed under the category(s) BATFE and was published December 23rd, 2020 by Herschel Smith. “And, special thanks to Majority Leader Mitch McConnell and Congressman Hudson for taking the lead in pushing ATF to rethink its arbitrary and unhelpful ‘guidance.’” While the ending of public comments and withdrawal of the guidance seems like a victory, the issue is still pending the Department of Justice review, according to the ATF statement. On August 3, 2020, gun maker Q received a cease-and-desist letter from the agency regarding its Honeybadger AR pistol. Gun Control Trojan Horse Pistol braces became a favorite among gun owners with disabilities who find it difficult to handle and fire a rifle of conventional length. The Q LLC Honey Badger pistol, which fires the .300 blackout cartridge, sports a barrel length under 16 inches and uses a pistol arm brace, which traditionally allowed a firearm to be classified as a pistol under ATF guidelines, even though it is visually similar to a rifle, according to the letter.. googletag.cmd.push(function() { (function(w, d, s, i) { In other words, it’s not as easy to impose a rule on the American people as it once was. ATF Pistol Brace Reversal Political Move, 60-Day Suspension of Honey Badger Decision, Photo by @the_official_q. This article originally appeared in International Sportsman. November 10th, 2020, during an ATF conference call, Acting Director Regina Lombardo told those in attendance that the anti-gun Biden transition team has reached out to the ATF to get the agency’s “top priorities”. While the ATF backing off braces, for now, might seem an apparent win, don’t celebrate too soon, this “Friday afternoon surprise” (released just before a holiday in this case) may have been a way to take the heat off the ATF as the picture becomes rosier for federal gun control efforts. Other comments focused on the possibility that certain pistols with a stabilizing brace would fall under a vague, default category, thereby opening manufacturers, sellers, and gun owners alike to federal prosecution and expensive litigation. The requirement for public comments will likely change under a Biden administration. Please let us know if you're having issues with commenting. Interested in more national news? Congressman Matt Gaetz announced today on his podcast the ATF is crafting secret rules restricting the possession of certain pistol braces by American citizens, and that he has sent them a letter demanding they stop. With a Biden administration probable and a Republican majority in the Senate undetermined until the Georgia Runoffs on Jan. 5, the ATF could be passing the buck to the White House in hopes an executive order or legislative push could accomplish the same goal. Proposed guidance regulating AR-15 pistols is touching off anger among Second Amendment activists and sparking controversy. “A law-abiding gun owner who wishes to comply with the law is never given an objective set of standards, such as whether their firearm with a brace is classified a short-barrel rifle or not,” Rathner said. ATF Continues Rogue Assault on Common Pistols, Rule of Law Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. j.id = i; }); While the ending of public comments and withdrawal of the guidance seems like a victory, the issue is still pending the Department of Justice review, according to the ATF statement. p.parentNode.insertBefore(j, p); googletag.display('wpdev-inline-top'); if (!checkUDM()) { This notice effectively affirms the subjective criteria ATF uses in determining whether a firearm is an NFA item or not (it is not a “new” directive, per se). It opens up the possibility of more aggressive action being taken by the incoming Biden administration. Submitted by: Frank Nedza. } On Friday, the ATF submitted a proposal to the Federal Register for new rules/guidance on evaluating pistol braces on firearms. Speculation aside, what we know for sure is that the ATF has to date been relatively quiet about their criteria for determining what is an NFA item, possibly to comply with the Donald Trump administration’s order that changes to all federal agency rules be printed in the Federal Register and subject to public comments. The comments process can be fierce and could draw more attention than what the agency would prefer. He articulated plans to restructure the ATF and other Justice Department agencies to “most-effectively secure our gun laws,” adding plans to secure efficient funding for the Department of Justice to “effectively enforce our existing gun laws, increase the frequency of inspections of firearms dealers, and repeal riders that get in the way of that work.”. “If you miss the barrel length by an inch this way or an inch that way, you risk a federal felony — it’s absurd,” Rathner said. Published in Bearing Arms By: Cam Edwards. 17 Dec 2020 114 3:09 The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) will publish proposed regulations on AR pistols with stabilizer braces on December 18, 2020, and accept public comments on the proposals. } }); Like anyone is using a pistol brace as a brace and not a buttstock, quit deluding yourselves, just go get a tax stamp.. Maybe, if folks weren’t constantly posting videos and pics running through a d-60 mag with the brace shouldered the whole time no one would give a crap about braces actually being misused as shoulder stocks and leave it alone. Follow him on Twitter: @AWRHawkins. “There’s no question that ATF is a dysfunctional agency that has operated in the realm of patchwork. googletag.cmd.push(function() { “This episode is an example of an agency that can’t tell left from right, or black from white, they issue a statement informing us of the subjective criteria they are using and ask for comment when the plan is to just proceed. if (!checkUDM()) { If a buttstock (a device designed to allow the firearm to be fired from the shooter’s shoulder) were added to the same firearm instead of a pistol brace… The requirement for public comments will likely change under a Biden administration. As of 2020, the ATF has not changed their last opinion. Mrgunsngear has a comprehensive rundown on his YouTube channel . So, letters from the industry and from private gun owners were drafted and sent to the ATF asking them to disavow this position. ATF Pistol Brace Ruling May Be Trojan Horse For Biden Administration ... 2020 Andy Hogue. America’s 700,000 owners of pistol braces received a gift from an unlikely source the day before Christmas Eve. Meanwhile, purveyors of firearms and … The notice informed and invited comment from the industry and public on a proposed guidance prior to issuing a final guidance document. j.async = true; This article, and its headlines, remain as published. Gen. William Barr demanding ATF refrain from drafting the rules without Congressional purview. The ATF has announced new guidance on how it will determine the overall length of AR pistols and what does or does not enter into NFA territory when is comes to pistols utilizing a stabilizing brace along with other accessories. We've got you covered! This notice effectively affirms the subjective criteria ATF uses in determining whether a firearm is an NFA item or not (it is not a “new” directive, per se). “If you miss the barrel length by an inch this way or an inch that way, you risk a federal felony — it’s absurd,” Rathner said. Translation: if you want to keep your arm-brace-stabilized AR pistol that you have owned prior to December 18, 2020, you may be exempt from the NFA tax, but you will have to register the firearm via established NFA compliance protocols. Tiger Woods Injured in Serious Car Accident. As of late December 2020, much has been written and said about a recent set of proposed rules for pistol braces by the ATF. 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." 2020 has brought no shortage of unwelcome surprises, including a few from […] As explained in the notice, the proposed guidance was not a regulation. With a Biden administration probable and a Republican majority in the Senate undetermined until the Georgia Runoffs on Jan. 5, the ATF could be passing the buck to the White House in hopes an executive order or legislative push could accomplish the same goal. But the nature of federal agencies is not to let the populous determine that, which has resulted in many absurd decisions by both federal rule-makers and agents in the field. On November 18, 2020, Breitbart News reported that the ATF was working with President-Elect Joe Biden to go after AR pistols with stabilizer braces. Possible (likely) ruling by ATF would make existing firearms with arm braces NFA weapons subject to registration and taxation. We will continue to monitor any changes. Early commenters on the proposed changes to the pistol brace guidelines called the new criteria “arbitrary” and “subjective” rather than objective, fact-based determinations. While the ATF backing off braces, for now, might seem an apparent win, don’t celebrate too soon, this “Friday afternoon surprise” (released just before a holiday in this case) may have been a way to take the heat off the ATF as the picture becomes rosier for federal gun control efforts. Rathner described the NFA as “a complete disaster; a terrible statute that should be repealed in its entirety, including the Hughes Amendment.” 2nd AmendmentPoliticsATFDemocrat Gun Controlgun control. ATF Pistol Brace Ruling May Be Trojan Horse For Biden Administration December 31st, 2020 Andy Hogue America’s 700,000 owners of pistol braces received a … However, the ATF might be Joe Biden’s best chance at having an impact on gun policy without involving Congress. “We would like to thank the NRA members, gun owners, and members of Congress who stood up for the Second Amendment rights of all Americans,” a press release from NRA-ILA stated. Century Old Root of the Problem According to The Washington Free Beacon the proposal by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) could require millions of AR-15 pistols and similar firearms — which are designed with braces that strap on to a … Pistol braces became a favorite among gun owners with disabilities who find it difficult to handle and fire a rifle of conventional length. The public comment period for the ATF’s proposed rules for pistol stabilizing braces just opened last Friday, but already more than 13,000 comments have been received by the agency. That’s a good start, but we still need gun owners and Second Amendment supporters to add their voice to the … Without going through the proper legislative process, Rathner continued, owners are not only left in a continual lurch as to when the rug will be pulled out from under them but are also given vague guidance. Speculation aside, what we know for sure is that the ATF has to date been relatively quiet about their criteria for determining what is an NFA item, possibly to comply with the Donald Trump administration’s order that changes to all federal agency rules be printed in the Federal Register and subject to public comments. “If the ATF came up with specific criteria — if you have a firearm that has a barrel length of more than this or less than that, or a specific length of pull, or if it weighs over a specific amount — then a citizen could comply with that. But having a checklist of 10 factors, some of which may apply, and some may not, and leaving that to be decided on the spot, that is too unpredictable and nearly impossible for any law-abiding gun owner to comply with.” It is unusual for information about talks between a … The ATF, Rathner said, started out more as a tax collection agency but has morphed into a regulatory entity with an aggressive enforcement arm. 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