AR Pistol Brace Confusion. But before we get into this radical new ruling, I need to explain how we got there. p.parentNode.insertBefore(j, p); The requirement for public comments will likely change under a Biden administration. In other words, it’s not as easy to impose a rule on the American people as it once was. Gaetz said he and six of his congressional colleagues have sent a letter to the acting ATF director, Regina Lombardo, and Atty. 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. Copyright © 2021 The Hayride. Angry politicians started crying foul over the Sig shoulder brace saga. 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. The comments process can be fierce and could draw more attention than what the agency would prefer. We've got you covered! }); Published in Bearing Arms By: Cam Edwards. It opens up the possibility of more aggressive action being taken by the incoming Biden administration. This is a stark reversal of the ATF’s steady push toward changing rules and placing some AR pistols with stabilizer braces under the purview of the National Firearms Act (NFA) and/or Gun Control Act (GCA). The ATF, Rathner said, started out more as a tax collection agency but has morphed into a regulatory entity with an aggressive enforcement arm. id: "ld-7075-6" Pistol braces became a favorite among gun owners with disabilities who find it difficult to handle and fire a rifle of conventional length. As of late December 2020, much has been written and said about a recent set of proposed rules for pistol braces by the ATF. “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. 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.” Proposed guidance regulating AR-15 pistols is touching off anger among Second Amendment activists and sparking controversy. 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. Mrgunsngear has a comprehensive rundown on his YouTube channel . All Rights Reserved. However, the gift may be a Trojan horse we’re finding out closer to New Year’s Day. 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. However, the ATF might be Joe Biden’s best chance at having an impact on gun policy without involving Congress. Pistol braces became a favorite among gun owners with disabilities who find it difficult to handle and fire a rifle of conventional length. Submitted by: Frank Nedza. 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. 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. They are neither designed nor intended to be fired from the shoulder. 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 … slot: 9232060221193318, As of 2020, the ATF has not changed their last opinion. We don't recommend shouldering your brace all the time, according to the ATF's vague language. Early commenters on the proposed changes to the pistol brace guidelines called the new criteria “arbitrary” and “subjective” rather than objective, fact-based determinations. This article originally appeared in International Sportsman. It is unusual for information about talks between a … j.id = i; 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. var j = d.createElement(s), “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. America’s 700,000 owners of pistol braces received a gift from an unlikely source the day before Christmas Eve. size: [0, 0], On August 3, 2020, gun maker Q received a cease-and-desist letter from the agency regarding its Honeybadger AR pistol. Reach him at awrhawkins@breitbart.com. 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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. Proposed guidance regulating AR-15 pistols is touching off anger among Second Amendment activists and sparking controversy. “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. However, the ATF might be Joe Biden’s best chance at having an impact on gun policy without involving Congress. ATF Pistol Brace Reversal Political Move, 60-Day Suspension of Honey Badger Decision, Photo by @the_official_q. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) withdrew the guidance on its proposed AR pistol reclassification Wednesday. In other words, it’s not as easy to impose a rule on the American people as it once was. The notice informed and invited comment from the industry and public on a proposed guidance prior to issuing a final guidance document. The leadership at the ATF almost assuredly wishes to enhance firearm regulation and the incoming Presidential administration is the most rabidly anti-gun in American history. “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. Back in 2013, Alex […] The argument was that shouldering a pistol brace would make your pistol an unregistered short-barreled rifle. 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. 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. } “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. This article originally appeared in International Sportsman. “There’s no question that ATF is a dysfunctional agency that has operated in the realm of patchwork. 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. Did the hopeful administration of His Fraudulency Joe Biden collude with the ATF to stir the waters with pistol braces? 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. Did shouldering a weapon really mean that weapon should be reclassified as an SBR? “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. In 2017, the ATF reversed their opinion, saying use of an unmodified arm brace as a buttstock isn't illegal. } ATF Pistol Brace Ruling May Be Trojan Horse For Biden Administration ... 2020 Andy Hogue. The requirement for public comments will likely change under a Biden administration. So, letters from the industry and from private gun owners were drafted and sent to the ATF asking them to disavow this position. 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. But for now, the ATF is playing it safe by punting. Pistol braces are one of the Agency’s top two concerns, along with 80% lower receivers, according to ATF Acting Director Regina Lombardo. 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. })(window, document, "script", "ld-ajs"); 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.”. 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. 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). We will continue to monitor any changes. 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." 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.” 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. It isn’t just religion that controls you by declaring you a sinner.". 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.” … Unfortunately, I think this will be held over for a Biden administration and it will end up being worse for law-abiding gun owners. 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 … This guidance comes after a lot of quesitons as to when you could or could not put a vertical foregrip on an AR pistol. “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. 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.” America’s 700,000 owners of pistol braces received a gift from an unlikely source the day before Christmas Eve. by the Shoot On staff. p = d.getElementsByTagName(s)[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 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. Gen. William Barr demanding ATF refrain from drafting the rules without Congressional purview. The proposal seeks to evaluate AR pistol with braces on a case by case bases. 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. 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 order indicated that the Honeybadger, in large part due to the SB Tactical pistol brace, was an SBR – not an AR pistol. “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. It opens up the possibility of more aggressive action being taken by the incoming Biden administration. 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 … 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. 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. We will continue to monitor any changes. 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). 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. 2nd AmendmentPoliticsATFDemocrat Gun Controlgun control. AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. 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. w.ldAdInit = w.ldAdInit || []; But for now, the ATF is playing it safe by punting. Most everyone agrees that the ATF is in trouble from their checkered past to the new regulations over accessories like bump stocks. 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. Bradenton, Fla. (December 17, 2020) – SB Tactical® learned on December 16 of the ATF’s plan to publish their proposed ‘Objective Factors for Classifying Weapons with Stabilizing Braces’ guidance on https://www.federalregister.gov/d/2020-27857, which will be open for comment on Friday, December 18, 2020 until December 31, 2020. You can still shoulder a pistol brace. “There’s no question that ATF is a dysfunctional agency that has operated in the realm of patchwork. Score one for the vox populi — for now, at least. 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." People weren’t happy. 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. Century Old Root of the Problem Therefore, it fell under the NFA, and all owners would need to register with the ATF. Published in Bearing Arms By: Cam Edwards. 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. Throughout two presidential administrations, the ATF wavered on how to classify this innovation, as well as the maximum length for concealable barrels and what exactly constitutes “illegal shouldering.” See a recap here. 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.. At least publicly. w.ldAdInit.push({ googletag.display('wpdev-inline-bottom'); Follow him on Twitter: @AWRHawkins. Throughout two presidential administrations, the ATF wavered on how to classify this innovation, as well as the maximum length for concealable barrels and what exactly constitutes “illegal shouldering.” See a recap here. They are neither designed nor intended to be fired from the shoulder. 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. 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. “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. 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”. 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. “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. 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. Meanwhile, purveyors of firearms and … U.S.A. –-(AmmoLand.com)- The … 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. As of Tuesday afternoon, the Federal Register is showing 21,444 public comments on its proposed rules for firearms with pistol stabilizing braces. 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. Early commenters on the proposed changes to the pistol brace guidelines called the new criteria “arbitrary” and “subjective” rather than objective, fact-based determinations. “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. j.async = true; 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 … 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. "Modern society will shame you for earning money, shame you for being happy, shame you for being raised well, shame you for having children, and ultimately, shame you for existing. UPDATE, Dec. 23, 2020: Several days after publication of this story, the ATF withdrew its Objective Factors for Classifying Weapons with “Stabilizing Braces” guidance. “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. However, ATF is absolutely attempting to crack down on what it will consider a pistol, and what it will not. 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. 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. googletag.cmd.push(function() { Possible (likely) ruling by ATF would make existing firearms with arm braces NFA weapons subject to registration and taxation. 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. googletag.display('wpdev-inline-top'); That isn’t happening. if (!checkUDM()) { … My guess is this is far from the end of the matter,” Rathner added. Is playing it safe by punting ’ s day to disavow this position for the populi... 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