U.S.A. -(AmmoLand.com)- The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) recently informed firearm manufacturer Q, LLC that, in ATF’s view, Q’s “Honey Badger” pistol with stabilizing brace is actually a short-barreled rifle and therefore subject to the National Firearms Act (“NFA”). The NRA strongly disagrees with this arbitrary, inequitable, and incorrect determination by ATF that puts millions of firearms owners in danger of federal prosecution.
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Since 2012, ATF has repeatedly found that firearms with pistol stabilizing braces, like the one equipped on Q’s Honey Badger pistol, are not “designed, made, and intended to be fired from the shoulder,” and are therefore not subject to regulation under the NFA. Now, with no notice or opportunity for public input, ATF appears to be reversing course.
Rather than create a clear set of rules that law-abiding gun owners and manufactures can follow, ATF seems to be taking a “I’ll know it when I see it” approach to classifying firearms. This arbitrary approach is clearly inconsistent with the right to keep and bear arms and due process of law.
By blurring the lines on legal definitions that carry serious criminal consequences, ATF is putting law-abiding gun owners, the firearm industry, and law enforcement in the impossible position of attempting to read the minds of ATF bureaucrats when complying with or applying federal law.
Please take action by contacting the Department of Justice and asking them to take swift action to rein in ATF and reverse this terrible determination
About NRA-ILA:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess, and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org
Defund the BATFE.
Especially as they are a un Constitutional agency, never mind the enforcement of un Constitutional dictates..
The BATFE is in existence because our CONSTITUTIONAL militias aren’t. I could just imagine a muster because the BATFE is going to raid some militia members home because his rifle is “too short”. That is WHAT the militias were intended for as one of their duties. TO PROTECT their communities from this kind of insanity. They actually could convene grand juries and indict anyone involved.
It’s not news we have a rogue government these days.
At what point does a line in the sand become front and center?
Anytime the government sticks it’s nose into private business they tend to screw it up for the company involved.
It’s a gun that shoots bullets that’s all they should need to know.
Why is the NRA concerned about this? They literally called for regulating stocks! Where are all the fudds saying BrAcEs ArE sTuPiD and JuSt BuY tHe StAmP? You know…like they did with bumpstocks?
It’s infuriating that people can’t understand how every arms law is an infringement and every infringement just makes it that much easier for more to come.
We see how this goes again and again. People bitch and they back off for 12 to 18 months. We need a confrontation and violence. Otherwise prepare for more of this as well as the fed controlling more of our lives. Digital currency isn’t for our well being. I say let the ATF go nuts and Americans will finally get off their ass and fight for a new governmental.
So is this their new finding on all AR platforms with stabilizers?
This is why I have resisted the urge to buy an AR pistol with a brace. The whole concept of an “arm brace” for these things to me at least, has always seemed shaky as hell. “You can’t have a stock, but you can have one if we call it an arm brace and you may or may not be allowed to use it as a stock depending on what day of the week it is and which way the wind is blowing.” Sorry, but that concept was on thin ice since the day I first heard about it. Don’t… Read more »
@Grigori – In my mind suppressors are the most egregious overreach in the NFA. Let’s compromise by throwing the whole thing out.
Sounds good to me!
EVERYTHING in the NFA is a blatant violation of SHALL NOT BE INFRINGED. Every stinking line of it. The black robed Baal priests that caused it to come into being back in 1934 should be posthumously shot for treason. Dig them all up and shoot them on national TV. Putting people in a cage and charging them a 10K fine for exercising a right is total typical psychopathic control freak behavior. It is criminal insanity on the part of government that is engaged in this crap.
The ATF should have never approved the brace or the bump stock if they had an issue with it. Since they did approve the brace and bump stock that should be the end of the story. People went out and spent lots of money on legal items. Now, the ATF expects us to throw away what they had approved?? Sorry ATF but you can kiss my a$$.
Your comments mirror my thinking, past and present, on the subject.
Tatersalid is half right – it is a money scheme for sure but also a power grab for an agency having some powers about to be delegated elsewhere.
The argument is not about Rights for they are not absolute. The argument is government stealing powers via administrative fiat enumerated in the 10th amendment never granted to it.
Plain and simple this is an infringement and Chevron or strict scrutiny have no standing against such an absolute restriction.
Under this RESTRICTION “shall not be infringed”, NFA and GCA are a power grab stealing powers reserved to the People and unconstitutional, period!
All this boils down to is the ATF let this go until there was enough of them out in the public that they now can collect a $200 dollar short barrell rifle fee if you want to keep it.
That’s not likely to end well. Compliance will be extremely low.
Seems to me that far too many of the ‘decisions’ by atf are as arbitrary and capricious as anyone can imagine in their wildest nightmares. Reminds me of the williwaws we saw in Alaska…………… The biggest problem is that they simply Will Not Issue A Firm Decision and then stick to it. How many times did they waffle with ‘bump stocks’ or arm braces so far. Not that we would necessarily agree with those decisions (which have frequently been flat out wrong – see their ‘rulings’ regarding bump stocks). NONE of us – or the field agents either – know… Read more »
Seems like the brace thing got out of hand and now the ATF may … simply enforce the pretty clear law on the books. Challenge the outdated dumb (republican!) law itself, not arbitrary decisions on pistol braces.
It’s clearly a short barreled rifle. It makes us look stupid to pretend that its not. The problem is that the “short barreled rifle” is the problem. If you don’t even pretend to address this nothing will change.
The ATFis wrong.
That said the industry has simply been taunting them for some time now by making forearm braces that looked more and more like actual rifle stocks. Anyone who did not see this coming was blind.
I blame the manufacturers as much as the ATF.
You poke the bear, you gotta expect him to bite you!
Seems to me that perhaps the kickbacks were insufficient….
The ATF needs to be disbanded. Any organization that threatens the 2nd Amendment is a threat to all rights and is an enemy of the States.
This article and the comments are worth looking at:
https://www.breitbart.com/politics/2020/10/07/atf-places-some-ar-15-pistols-with-stabilizer-braces-under-nfa/
How long is the barrel? What length does it have to be to be considered a pistol?