Home Judiciary Committee GOP members known as on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to desert its proposed restrictions on stabilizing braces, calling its proposed rule a “flagrant effort to limit Individuals’ basic Second Amendment rights.”
“We’ve critical issues concerning the try by [ATF] to control firearms with stabilizing braces. ATF’s regulatory discover is deeply flawed, past the scope of its authority, opposite to years of earlier ATF opinions, and dangerous to thousands and thousands of law-abiding American firearm homeowners,” the Republicans stated in a letter dated July 16 to ATF’s Performing Director Marvin Richardson.
All 19 GOP committee members—together with the committee’s rating member, Rep. Jim Jordan (R-Ohio)—signed the letter.
On June 7, 2021, Legal professional Basic Merrick Garland signed a rule proposed by ATF, entitled, “Factoring Standards for Firearms with Hooked up ‘Stabilizing Braces.’”
Beneath the rule, any weapon with a rifled barrel and outfitted with an connected stabilizing brace that signifies that the firearm is designed to be fired from the shoulder could be labeled as a rifle.
ATF burdened that the rule wouldn’t have an effect on stabilizing braces that aren’t for shouldering the weapon as a rifle as a result of these stabilizing braces “are designed to evolve to the arm and never as a buttstock.”
The Republicans claimed ATF’s standards are “imprecise and never well-defined” and would permit ATF to make determinations on a case-by-case foundation moderately than offering an goal set of requirements for firearm homeowners and producers.
“Even worse, ATF’s proposed rule goes nicely past the authority granted to the company in any relevant federal statutes,” the letter continues. “ATF seeks to topic stabilizing braces to [the Gun Control Act] legal penalties and [the National Firearms Act] regulation with out Congressional prohibition of the underlying exercise.”
ATF’s proposed rule can also be “arbitrary and capricious” and contradicts ATF’s earlier opinions, the letter claimed.
“If carried out, ATF’s proposed rule has the potential to show three to 4 million law-abiding firearm homeowners into felons,” the letter learn.
The Republicans famous that based on one estimate, there are between ten to forty million stabilizing braces in circulation.
ATF estimated within the proposed rule that 3 million stabilizing braces had been bought since 2013.
“ATF’s regulation would quantity to an unconstitutional infringement of basic Second Modification rights,” the GOP members stated. “We strongly urge ATF to desert its proposed rule issued on June 7, 2021.”
The Republicans additionally demanded the reasoning and particulars of the proposed rule and requested solutions by July 30.
April Langwell, Chief of ATF’s Public Affairs Division, informed The Epoch Instances that the company had obtained the topic letter, “nevertheless, we can not touch upon communications between the company [and] Congress.”
The proposed rule has been revealed for public notice and comment as required by regulation. The remark interval will finish on Sept. 8.
On June 14, Rep. Richard Hudson (R-N.C.) and 140 GOP Home Representatives additionally called on the Department of Justice and ATF to withdraw the rule. Over per week later, 48 Senate Republicans made the same request.
In December, ATF proposed comparable steerage on stabilizing braces however deserted it after receiving over 60,000 feedback largely in opposition to the steerage.