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Posted on 12/21/2020 7:25:08 AM PST by PROCON
In a 16 page draft copy of proposed rulemaking/guidance specifying “Objective Factors for Classifying Stablizing Braces”, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has proposed entering into rulemaking to delineate the objective factors considered when “evaluating firearms with an attached stabilizing brace to determine whether they are considered firearms under the National Firearms Act (‘NFA’) and/or the Gun Control Act (‘GCA)” and the Department of Justice’s plan to “subsequently implement a separate process for current possessors of stabilizer-equipped firearms to choose to register such firearms in compliance with the NFA.”
While the proposed rulemaking/guidance has not yet been published in the Federal Register, it is expected to be published in the upcoming weeks and interestingly – seemingly in violation of the law – ATF is only providing a 14 day comment period, at least, pursuant to the draft copy. “Written comments must be postmarked and electronic comments must be submitted on or before [INSERT DATE 14 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].” It would not surprise me if the proposed rulemaking/guidance is published on December 24th, so that most interested individuals and businesses will be distracted by the holidays and unable to respond in the two week response period. To prevent against these types of shenanigans, the Gun Control Act mandates a 90 day comment period.
As more information becomes known, we will update this blog post or publish new ones, depending on the development.
If you or your company wish to file a comment in support or opposition to a notice of proposed rulemaking/guidance by a federal administrative agency, contact Firearms Industry Consulting Group today to discuss your rights and legal options.
This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.
FReepmail me if you want to be added to or deleted from the list.
More 2nd Amendment related articles on FR's Bang List.
It’s not just the 2nd but also the 10th ... there is no delegated power given the federal to say what the people may not own.
HaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHaHa!
If passed, we would quickly see any number of items added to the never-ending “list”.
Well, if a piece of plastic is now a machine gun, then I guess these brace thingies are indeed, weapons far too dangerous for mere civilians to handle. It for our safety, you know.
/SARC
No registration. No more restrictions. No more rules. Time to turn back the clock on all this nonsense and wipe the last 100 years of gun control off the books. I was hoping we’d get one or two more SCOTUS justices replaced by President Trump, but I think this court will do most of the work that needs to be done.
Somebody give Alan Gura a Red Bull; that man’s got a lot of work to do.
What utter bull $h!t! They could really make money off red dot sights and any sniper scopes > 4 magnification.
I’m not real sure on how these things are defined but some of these “wrist braces” I’m seeing at the range are just small stocks with a band - they are clearly intended to be shot from the shoulder.
Stabilizing brace??? Are they talking about a “sling”?
I strongly recommend folks read this and provide comments to ATF. Its not an exciting read, but your comments will be part of public record, so reading the notice and making good arguments against the arguments being made by ATF for these very subjective rules will have more weight than just ‘its unconstitutional’.
The ATF is making the argument that many things can put a ‘braced’ pistol into the SBR category, and as much as we may dislike NFA, it is currently law. Thats a different battle to fight.
One problem is I see with this notice of interpretation is that, IMO, it assumes a lot about what even the definition of a pistol is. The phrase ‘designed to be fired by one hand’ is used throughout as a justification for saying modifications would be intended to change the gun to be shouldered by design. I find this to be a poor argument/understanding of pistol usage as well as reaching into the ‘intent/thought’ crime arena.
There are many other issues I see with the notice including the whole subjective ‘case-by-case’ approach. I can see my comments taking up more than a few paragraphs to cover all the things I see wrong with the interpretation.
WHY? Do the damned things shoot bullets? Then of course they're "firearms". These morons obviously think that everyone is as stupid as they are.
btt
Made my comments last week. The whole thing is a farce.
Atlas Shrugged, Ayn Rand
“Did you really think we want those laws observed?” said Dr. Ferris. “We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against... We’re after power and we mean it... There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that’s the system, Mr. Reardon, that’s the game, and once you understand it, you’ll be much easier to deal with.”
No, their rule will mean that simply possessing a stabilizing brace alone we’ll be possessing a machine gun.
When I was very young, my father had a Mauser C96 Pistol with a holster (made of wood? I forget) that attached as a stock to the pistol. I wonder if these will be grandfathered.
If the serial numbers between the Mauser pistol and the stock iron (attaching piece), then it is a “Curio and Relic” and exempt from the GCA 86.
Whoops - I meant the NFA..
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