} For those that have not heard about the proposed rule changes, here’s an explanation of what it means from Cam Edwards of BearingArms.com People weren’t happy. “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. 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. googletag.display('wpdev-inline-bottom'); That’s a good start, but we still need gun owners and Second Amendment supporters to add their voice to the … This guidance comes after a lot of quesitons as to when you could or could not put a vertical foregrip on an AR pistol. googletag.cmd.push(function() { 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.”. You can still shoulder a pistol brace. 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.” 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. He is the political analyst for Armed American Radio. 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). Mrgunsngear has a comprehensive rundown on his YouTube channel . 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). By Max McGuire / 10/08/2020 / Gun Rights, Today's Action Alerts The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) just announced that it is redefining a pistol that was approved during the Obama years, turning untold numbers of gun owners into felons over night. … My guess is this is far from the end of the matter,” Rathner added. 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. On Dec. 23, the Bureau of Alcohol Tobacco and Firearms (ATF) announced it was withdrawing a notice and request for comments regarding stabilizing braces, titled “Objective Factors for Classifying Weapons with ‘Stabilizing Braces.’” These braces are devices that replace buttstocks and are designed and intended only for use as forearm supports to provide a more stable firearm platform. 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. U.S. Rep. Matt Gaetz announced on his podcast "Hot Takes with Matt Gaetz" the ATF is crafting new rules concerning pistol braces. size: [0, 0], For those that have not heard about the proposed rule changes, here’s an explanation of what it means from Cam Edwards of BearingArms.com However, the gift may be a Trojan horse we’re finding out closer to New Year’s Day. “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.’” if (!checkUDM()) { America’s 700,000 owners of pistol braces received a gift from an unlikely source the day before Christmas Eve. Pistol braces are one of the Agency’s top two concerns, along with 80% lower receivers, according to ATF Acting Director Regina Lombardo. Gaetz said he and six of his congressional colleagues have sent a letter to the acting ATF director, Regina Lombardo, and Atty. 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. … My guess is this is far from the end of the matter,” Rathner added. ATF Pistol Brace Ruling May Be Trojan Horse For Biden Administration ... 2020 Andy Hogue. However, the proliferation of pistol braces eventually caused them to (somewhat) see the light and, in 2019, issued a new memorandum, which they declared the “final ruling.” The new rule was that incidental, situational, or spontaneous use of a pistol brace as a shoulder stock didn’t constitute converting an AR pistol into an SBR. In other words, it’s not as easy to impose a rule on the American people as it once was. Proposed guidance regulating AR-15 pistols is touching off anger among Second Amendment activists and sparking controversy. Century Old Root of the Problem The pistol braces acceptance will be based on a set of criteria by the ATF. In 2012, the pistol brace took the shooting community by storm as it gave those wishing to avoid the otherwise-required federal paperwork, or who prefer a way to legally build carbines with barrels less than 16 inches, a cost-effective and perfectly legal option. Possible (likely) ruling by ATF would make existing firearms with arm braces NFA weapons subject to registration and taxation. ATF: Objective Factors For Classifying Weapons With Stabilizing Braces From December 18, 2020 to January 4, 2021 the ATF is accepting formal comments on the proposed rulemaking entitled Objective Factors for Classifying Weapons wit Stabilizing Braces. Upon further consultation with the Department of Justice and the Office of the Deputy Attorney General, ATF is withdrawing, pending further Department of Justice review, the notice and request for comments entitled “Objective Factors for Classifying Weapons with ‘Stabilizing Braces’,” that was published on December 18, 2020. However, the ATF might be Joe Biden’s best chance at having an impact on gun policy without involving Congress. The notice informed and invited comment from the industry and public on a proposed guidance prior to issuing a final guidance document. Todd Rathner, the Executive Director of the NFA Freedom Alliance, told International Sportsman the entire situation demonstrates the flaws of the National Firearms Act and the power it places in unelected bureaucrats even 96 years after its initial passage. However, the gift may be a Trojan horse we’re finding out closer to New Year’s Day. ATF Pistol Brace Reversal Political Move, 60-Day Suspension of Honey Badger Decision, Photo by @the_official_q. “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. 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. Most everyone agrees that the ATF is in trouble from their checkered past to the new regulations over accessories like bump stocks. 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." This article, and its headlines, remain as published. j.async = true; Please let us know if you're having issues with commenting. Pistol braces became a favorite among gun owners with disabilities who find it difficult to handle and fire a rifle of conventional length. All Rights Reserved. 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 … It opens up the possibility of more aggressive action being taken by the incoming Biden administration. It isn’t just religion that controls you by declaring you a sinner.". However, the ATF might be Joe Biden’s best chance at having an impact on gun policy without involving Congress. Angry politicians started crying foul over the Sig shoulder brace saga. So, the ATF released a statement that said shouldering a pistol brace would make your pistol an SBR, which is illegal: "Consequently, the attachment of the SB-15 brace to an AR-type pistol alone; would not change the classification of the pistol to an SBR. It seems like every other week they are changing their minds on definitions from bump stocks, to pistol braces, to what is a silencer, to what is not a silencer — the list goes on.” We've got you covered! 2nd AmendmentPoliticsATFDemocrat Gun Controlgun control. On December 22, 2020, Breitbart News informed readers that the ATF had posted guidance for AR pistol reclassification to the Federal Register. Gen. William Barr demanding ATF refrain from drafting the rules without Congressional purview. As of late December 2020, much has been written and said about a recent set of proposed rules for pistol braces by the ATF. Until this year, that is. They are neither designed nor intended to be fired from the shoulder. “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. 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. “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. But before we get into this radical new ruling, I need to explain how we got there. On Wednesday, December 23, 2020, the NRA announced that the ATF had withdrawn the guidance for its proposed AR pistol reclassification: JUST IN: The ATF withdrew its guidance on pistol stabilizing braces. “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. Therefore, it fell under the NFA, and all owners would need to register with the ATF. “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. } 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 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.. }); The proposal seeks to evaluate AR pistol with braces on a case by case bases. October 26, 2020 Why a Former Employee Testified Against the ATF in a Pistol Brace Case When a disabled veteran put a cane tip on the end of a pistol brace, the ATF went after him, compelling a former employee to deliver expert testimony. slot: 9232060221193318, Score one for the vox populi — for now, at least. This article originally appeared in International Sportsman. w.ldAdInit = w.ldAdInit || []; Submitted by: Frank Nedza. However, ATF is absolutely attempting to crack down on what it will consider a pistol, and what it will not. On August 3, 2020, gun maker Q received a cease-and-desist letter from the agency regarding its Honeybadger AR pistol. 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. "We understand that ATF is currently considering restricting one arm brace model owned by over 700,000 Americans," Congressman Gaetz writes along with six other members of … 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. 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. 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. AR Pistol Brace Confusion. We don't recommend shouldering your brace all the time, according to the ATF's vague language. “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.’”. j.src = "//cdn2.lockerdomecdn.com/_js/ajs.js"; The ATF, Rathner said, started out more as a tax collection agency but has morphed into a regulatory entity with an aggressive enforcement arm. Most everyone agrees that the ATF is in trouble from their checkered past to the new regulations over accessories like bump stocks. “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. 2014: ATF rules against shouldering braces. “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. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) just announced that it is redefining a pistol that was approved during the Obama years, turning untold numbers of gun owners into felons over night. In 2017, the ATF reversed their opinion, saying use of an unmodified arm brace as a buttstock isn't illegal. “If there’s one thing Americans are good at, it’s figuring out what’s legal and what’s not legal, and creating products that fit into that legal niche — that is truly American ingenuity,” Rathner said, of the innovation of pistol braces. Published in Bearing Arms By: Cam Edwards. Score one for the vox populi — for now, at least. 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. 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. 2020 has brought no shortage of unwelcome surprises, including a few from […] According to Gaetz’s letter, BATFE has begun enforcement of a standard that declares brace-equipped pistols with a length-of-pull of more than 13.5 inches are SBRs. Did shouldering a weapon really mean that weapon should be reclassified as an SBR? 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. On that same day, Rep. Richard Hudson (R-NC) and 89 other U.S. Reps. sent a letter to the ATF demanding they reverse course and correct the “injustice” of reclassifying AR pistols. The “injustice,” as we previously reported, was that the proposed guidelines were confusing to owners as well as vendors and could potentially lead to felony charges. } 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. })(window, document, "script", "ld-ajs"); Thank you to all @NRA members, gun owners, pro-2A members of Congress, @SenateMajLdr McConnell, @RepRichHudson, and all who helped strike down the @ATFHQ’s unsuccessful overreach. w.ldAdInit.push({ The withdrawal of the guidance came hours after U.S. Rep. Richard Hudson (R-North Carolina) and 89 other Congress members sent a letter to the ATF demanding that the bureau “immediately take action to correct this injustice.”. p.parentNode.insertBefore(j, p); From December 18, 2020 to January 4, 2021 the ATF is accepting formal comments on the proposed rulemaking entitled Objective Factors for Classifying Weapons wit Stabilizing Braces.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 … But for now, the ATF is playing it safe by punting. It opens up the possibility of more aggressive action being taken by the incoming Biden administration. 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. 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. December 18, 2020 ATF Releases Notice on the Pistol Stabilizing Brace, Opens Door for SBRs In what will likely lead to registration, the ATF has released an official notice on the pistol stabilizing brace, which might also lead to SBR amnesty. Them to disavow this position could not put a vertical foregrip on an pistol. 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