U.S.A. -(AmmoLand.com)- On December 17th, ATF posted Objective Factors for Classifying Weapons with “Stabilizing Braces” for public inspection on the Federal Register. The “guidance” was officially published in the Federal Register on December 18th. ATF will be accepting public comments on this “guidance” until January 4, 2021.
ATF’s history of confusing and conflicting determinations on pistol braces has created a situation where law-abiding gun owners and manufacturers have no way to conform their behavior to the law. ATF should provide insight and add objectivity to their murky process for evaluating pistol braces. This new “guidance” accomplishes neither of those goals.
The agency’s clear goal is to cement its existing “I’ll know it when I see it” approach when it comes to pistol braces. The “guidance” uses the word “objective” 24 times but fails to articulate a single objective metric.
The notice does articulate some features that ATF may consider in evaluating pistol braces, but it goes on to note that “[t]hese factors are based on known stabilizing braces and similar attachments. No single factor or combination of factors is necessarily dispositive, and [ATF] examines each weapon holistically on a case-by-case basis.” Essentially, ATF reserves the right to exercise unlimited discretion in any future determinations.
It should be noted that this new “guidance” does not directly affect the legality of any firearm. As the ATF explains, “[t]his document is not an administrative determination that any particular weapon equipped with a stabilizing arm brace is a ‘‘firearm’’ under the NFA.”
However, it does appear that ATF intends to apply the guidance in future determinations.
With this new “guidance,” ATF continues its pattern of making bureaucratic changes that put law-abiding Americans at risk of prosecution for a federal felony. These actions are completely incompatible with due process of law and our right to keep and bear arms.
Please check back to www.nraila.org soon to see how you can help stop ATF’s most recent executive overreach. NRA will be submitting comments on this so-called “guidance” and will provide real guidance to interested parties to help them do the same.
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
These clowns is the BATF will reap what the have sewn when the civil war starts. They are expediting the start of it and better be prepared to die for what they are trying to do . The armed resistance is going to start as people can only be pushed so far by these tyrants.
There won’t be a civil war over this. With the free registration, most sane people will take advantage of the offer.
I agree there will not be a civil war.
However several groups of people are going to have to make decisions about whether they are going to change their behavior.
The compliance rate on these new regulations is going to be miniscule. Combine that with the new laws about semi-automatic rifles and standard capacity magazines, and there will be tens of millions of un-arrested felons walking around.
Ready to make their displeasure known in unmistakable terms.
Yes sir. I believe a lot of people are going to put aside differences that used to be important to them and push back against government overreach. The “rule follower” class has had enough.
As the Biden team has stated, the goal is to eliminate all AR’s, (aka- self-loading-firearms).
They have already met with ATF, and this is clearly one of their proposed methods to incrementally and eventually get rid of all AR pistols (which, right now, as a handgun, would be protected under Heller).
I didn’t know that there was a massive criminal problem across the country with these being used to shoot people or rob stores.
What a bunch of clowns the ATF is, leave legal honest gun owners alone and go after the crooks using stolen guns in criminal acts.
They have the wrong attitude about the job they have been put in charge of so it is time to do away with them.
DEFUND ATF!!!
What can you expect from these psychopathic control freaks? It is only when enough normal people get together to rid our world of them once and for all we may have peace for a while.What can be said? We need to get representatives to repeal at least the SBR, SBS and sound suppressor part of the NFA. There is no reason that they should exist. The length of a barrel or how loud something is should not matter in law. There is no one damaged by having an SBR SBS or sound supressor. The USE of such devices should be… Read more »
What’s the link to the ATF for comment on the pistol brace issue? It doesn’t show in your comment. However, will commenting to the ATF put the commenter first on the arrest and confiscation list?
Rick K,
If you are afraid to speak your mind about a 2A issue, you’ve already lost your 1A AND 2A rights. Either gear up and accept that there are consequences for actions, or turn in your gear and be prepared to be shorn.
Here’s the Federal eRulemaking portal at http://www.regulations.gov
Remember to keep your comment tracking number after you upload your comment.
Hey Dave in Fairfax…
Well stated… We’ll be in the boxcars to the re-education camps together, that’s if we survive to that point.. LOL… Thanks for the link to the comment site. I for one will send my comments, respectfully and forcefully. Thanks for the tip on keeping the tracking number too. I’m pretty new to the revolution…
Rick K,
Not all of us will be in boxcars. You always have the choice of dying for your beliefs, and it’s a cleaner way to go. It’s a choice many here have signed on for and not, yet, had to cash in on.
Dave in Fairfax,
True…
Damned the “boxcars!”
Thanks to your link, I just posted my disgust with the new ATF “pistol stabilizing brace” interpretations. We’ll see if it makes a difference. I tend to think their minds are made up…
Now, should one comply with the new interpretation and regulations under NFA and get put on the list with fingerprints and ID, or destroy our newly purchased pistols with braces? Could we just remove the brace, keep the pistol, and still be legal without the “tax stamp”?
Rick K, I’m not a lawyer and don’t play one on TV. I don’t know if removing the brace, destroying the brace or whatever will make them happy. I don’t know what will keep them happy on their next trip down confiscation lane. I DO know that in every state where this has been tried the compliance has be less than the local sales tax. I doubt it’ll be any higher this time. Some people will happily get on the list, the vast majority will say something like screw that and ignore the newest unconstitutional transgression. The rubber will hit… Read more »
When this comes to pass, the ATF will offer FEE-less registration. Just register the thing. ATF is giving everyone a pass on this, take advantage of the offer.
Don,
That is a choice. It’s stinks of submission to me, but that’s a choice as well. If you believe that an alphabet agency making up its own rules as it goes has legitimate power over you then submission makes sense.
Let’s be real. These pistols have always been SBRs. I don’t like the way it is going. But, it is going that way. Do you think hiding your guns to avoid registration is really the answer? I’ve had 8 NFA weapons and have never been visited by the ATF. There will be an easy way to register these guns. It will be expedited and fee-less. Why not do it so you can continue to enjoy your guns? Everyone that bought these braced pistols knew they were really buying SBRs.
Don, I’m speaking as me, no association etc. I am being real. I’m not hiding anything. I’m also not giving up anything. You’ve got NFA items, I’m happy for you. I don’t and never intended to. I have things that I like which are mostly nearly as old as I am. Having someone redefine them and decide to add them to a registry because some dotard decides that 9mm or 10+ makes something into something it isn’t doesn’t amuse me or make me more inclined to be subservient. I’m a beard with a stiff neck. I don’t know how young… Read more »
Don,
To some… Including me… the “FEE” isn’t the issue. It’s the “REGISTRATION.” Why does the government need my fingerprint and ID just for owning a previously approved and legal firearm?
History tends to show it’s not for a benevolent purpose.
I purposely do not make purchases that would require a “tax stamp” for privacy. Why does the government now force me to comply and be put on their future confiscation/arrest list or destroy my property. Am I suspicious of a corrupt government? Absolutely!!… Please explain to me why I’m wrong.
Except, of course, when you read the criteria, you discover there are none. Reminiscent of the comment “I know pornography when I see it.” No standard.
NRA you need to go away and stop pretending to be for the 2nd Amendment asking for donations so LaPierie can use for personal use.
Maybe when the time comes for confiscation, the heroic federal law enforcement officers will be too busy with one of their other schemes:
https://www.yahoo.com/news/viagrasmuggling-scandal-hits-federal-air-marshals-155928349.html
Heroes. Thank them for their service.
I have said this a hundred times, but here it is again: ALL ‘gun control laws’ are unconstitutional and cannot stand. NO LAW may stand if it is not in 100% harmony with the constitution. Also, these ‘gun control laws’ are anti-constitutional as they attempt to change the constitution without going through the amendment process. These unconstitutional ‘laws’ have no power. The ONLY reason these phony ‘laws’ work are because the American people are so cowardly, so afraid to get hurt, so afraid to take a stand, so afraid to lose their ‘stuff’, that they kneel and comply. So, it… Read more »
tetejuan,
You’ve been asked before for examples of the violent felonies you’ve committed over the last month. Just provide a few so everyone sees how it’s done.
BTW, you need to put a “PERIOD!!!” in there somewhere to show that you mean business.
The ATF deepstate believes that there will be a Harris / Biden administration. This activity is the deepstate pledging allegiance to them.
I have seen a posting that states the ATF is removing comments on the site that is purported to be for commenting on this guidance.
Yes, they are, they removed mine.
The problem with posting there is that they want to know everything about who you are, where you live, what your Email address is, what your phone number is…they just left out the place for you to put in a digital fingerprint and DNA sample for their records. It’s coming down folks…I guess if we are all going to be felons because of what kind of stock/brace whatever, we might just as well be felons for adding a fun switch too. And then happily use it if they raid us for doing nothing but living our lives.
I agree with a comment I seen earlier about a nuke with several switches connected in all areas of my house so if they raid in the night or anytime for that matter, I want be the only going down. I’ll be taking the bas””””eds with me.
For limp richard suggesting these laws/regulations/infringements are for “Protecting law enforcement”.. THATS BULLSHIT.. I am the son of a career law enforcement officer who gave a combined total of 40+ years serving this nation. My grandfather, his father, also served as a law enforcement officer and was shot at in the line of duty. Both my mother and grandmother have served as dispatch for law enforcement departments. No one in my family, law enforcement or not, support any of these unconstitutional actions. For every idiotic moron like “gooder12” or “Don” that makes these asinine, rectally obtuse statements, please remember a… Read more »
Meant to say “For every”.
I suggest we all grow up and realize that some of this stuff is to protect our LE from having to face a bad guy with one of these. I have been shooting for 56 years so I have been around a lot of blocks. When I saw the Braces come out I figured they were interesting, but when I saw the blade braces with a much lower price I had to have some. I still have at least one on hand as I figured they would be Outlawed as they really should never have been Allowed. Sorry, review history… Read more »
The law is not to protect LEOs – that was the justification. Your date of birth has nothing to do with the discussion. LEOs should be arresting violent criminals – we saw hours of video of them not doing so because they were following orders. When violent criminals are arrested, the government should prosecute and convict them. When violent criminals are convicted, they should be incarcerated by the government for meaningful amounts of time. When violent criminals are incarcerated, the government should not let them out early unless there is a very significant and obvious reason to do so. The… Read more »
Yeah, we all know how much more dangerous a 15.9 inch barrel is to a cop than a 16 inch barrel! Good thing we have those unconstitutional laws to protect the government thugs!
gooder12 believes a violent criminal’s thought process goes like this:
“I want to murder a LEO, but I won’t because it’s illegal to own an SBR and they probably won’t let me have one if I fill out the paperwork, so I guess I won’t murder a LEO.”
I don’t know how seriously I can take someone who not only buys the WORST brace on the market but actually tapes a NOTE to them to remind him not to shoulder it! Then again this guy thinks cops carrying “a good brace rig” would make them “better gunned”. As if government thugs don’t already have a free pass to carry machineguns to fight off all of us criminals with our braced pistols.
I’ve posted before about Julio González and his less than one gallon of gasoline.
So many people have bought into the statist belief that somehow guns are inherently bad and need extreme controls and those controls need to be constantly tightened.
But any 12 year-old can ride his bike down to the gas station and buy a gallon of gasoline.
People willing to shoot cops could not care less about this action. The NFA has been around since ’34. It never stopped a bad guy from cutting down a rifle or shotgun. Few sawed off guns have been used to commit crime. We all know these braced pistols were really SBRs. It is time to grow up and accept the fact that the ATF is going to apply the NFA ’34. The fact that they are going to waive the fee and expedite the registration is a bonus.
Are you sure it’s not time to grow up and just disregard all laws related to the size and loudness of a firearm/firearm accessory?
You can disregard the laws, but ATF won’t.
Do you think tens of millions of Americans should register their semiautomatic firearms and standard capacity magazines when the Democrats (with the help of some Republicans) get their laws passed?
Sorry. Just another “Boot Licker!” Please wipe the polish off your lips and grow up!
Based on the way he stated his case (similar to his previous statements), I don’t believe gooder12 will ever change his mind. There is a percentage of people who believe some inanimate objects are the problem and therefore good people should not have them. They will not comment on gasoline, which is readily available to anyone and which was used in a mass murder larger than any committed with a firearm. While I don’t believe gooder12 will ever change his mind, I believe there are readers out there who may value a logical argument. I do hope Don comes back… Read more »
I don’t think we should have to register anything. IF the law changes, I will comply. Why give them the chance to arrest you for such a crime?
As soon as they get those laws passed, they will pass more. Do you think people should comply with laws that require all firearms to be registered (because that is where this is headed)?
I don’t like the idea of registration at all. The democrats are gaining power and we may not be able to win against them.
I know you don’t like the idea of registration, but you believe people should register:
They will keep pushing for more gun control. If a law is passed that requires all firearms to be registered, do you think people should follow the law?
Don, what about when the law says everything must be registered?
Don, you’re vocal that people should comply with registration of braced pistols.
You have even stated people should comply with new laws requiring registration of semiautomatic rifles.
You have even stated people should comply with registration of standard capacity magazines when that law is passed.
You still haven’t responded as to whether you think people should register all their firearms when that law is passed. What do you think?
Because Don Is a liberal Fudd. He’s not a second amendment supporter and likely never will be. He’s a boot licker and a coward, and when someone comes up with questions he knows he cannot answer without making himself look bad he turns and runs so he can ignore having to answer.
@gooder12 – Sounds as though you are the one ignoring history. The people being at least as well armed as the government is one of our country’s founding principles. Your additional facts are incorrect as well. Policing is not a very dangerous occupation. More cops die of suicide than from being shot by a criminal. SBRs are handy, but more dangerous than full sized rifles and certainly not as powerful. They are the ideal low cost defensive weapon for smaller or weaker people or anyone who may be carrying in restricted quarters (such as in a car or RV) and… Read more »
Maybe she can explain it to gooder12:
I bet she doesn’t put notes on her brace.
I posted a video for gooder12, but it is “awaiting for approval”
I await the video that is simply Fake as I do not shoulder my brace at the range as I am able to shoot on private land. Good Luck trying to convince those of use that actually know what is what.
gooder12,
The video was not released by the system/mods – don’t know why. The video is of a woman explaining the rights Americans have that people like you insist on infringing. Several people have tried to explain it to you, but you insist on supporting the road to Totalitarianism. I thought she might have an impact.
We all know you don’t shoulder your braced pistol at the range because you mistakenly believe there is a law against doing so.
Good Info, but do you want to tell me anything I don’t already know? I don’t follow some of the rules which means I could end up in jail, but I also don’t waste my time trying to change rules that make us all safer. There are a lot of legal firearms out there that would work for those that have trouble using a pistol. I have 3 Kel Sub 2000 in 40 as my main self-defense arms. I would like a semi auto Tommy, but just for Fun, plus I use my MAC 45acp for fun, and no I… Read more »
The mods released the video – she understands freedom.
“I also don’t waste my time trying to change rules that make us all safer.”
Please let us know what infringement has made anyone more safe.
My My My, got a lot of folks smoking over this one, Good, as getting folks thinking can have good positive results. Like I said and always say, Free Your Mind, Be Party Blind. And, in my 50 years of voting I have never voted a stright party ticket as it ain’t my thing. I do not count on our Governments to do much to help me as I have waited years for National CC, and I have asked them to Free Up Their Gun Free Zones which they call their offices, and yes I remind them that those Offices… Read more »
We know – you vote for people who agree with you that we need more “common sense” gun laws “to protect LE from bad guys.” Your date of birth is irrelevant. What you used to do for a paycheck is irrelevant. The government you worship should focus on: Arresting bad guys Convicting bad guys Incarcerating bad guys for meaningful periods of time Refraining from releasing bad guys from incarceration unless there is a significant and obvious reason to do so The problem is not good, non-government employees with rifles that have a barrel less than 16 inches. The problem is… Read more »
Wow you people are strange. The ATF, using the NFA ’34, outlined just what a SBR is. it is clear and has been for a long time that most
“pistol braces” are shoulder stocks. Anyone denying that fact is a fool. You’re childish comments are unworthy of being published. Grow up.
Do you believe people should be required to ask for special permission from the government, wait a long time, and pay a $200 tax in order to own an SBR?
Yes I do! But you can read my comment as to how I build these things fully knowing that if I put em on my should they are no longer legal. If you own any I know you put them to your shoulder. U know we don’t need a State Permit to Drive, but 99% or us take the test, pay the price so we don’t get tickets from our Governments for simply using our right to drive. My comment is above under goodr12.
Why? The government already requires a background check and there are already laws indicating you many not commit murder, armed robbery, etc.
What does the long wait and $200 tax accomplish?
You do not have a right to drive on public roads.
I’m no lawyer, but if the government allows braces in 2015, then outlaws them in 2021 making thousands of law abiding citizens felons overnight, there’s something a little more sinister going on. Fast forward to when the new administration, through executive fiat, outlaws all “weapons of war” including semi automatic pistols, rifles and shotguns holding more then three rounds goes into effect (in order to save lives and allow for the defunding of LE of course), it seems like you goodr12 will bow willingly and be first in line to return your SIG pistol in 40, MAC in 9 and… Read more »
I hate the NFA, but I followed it 8 times to have SBRs and SBSs. I think the NFA should be repealed, but it isn’t going to happen.
What if millions of people just disregarded the law like millions of people did in 11 states with respect to marijuana laws?
There is a federal law prohibiting the use of marijuana and there is a large, expensive, federal organization with arrest authority that is chartered with enforcing that law – but they don’t in those 11 states.
There should be NO NFA laws. But there are. I paid the $200 fee 8 times. I don’t like it.
Don, if LEOs find someone who has a rifle with a 15.5″ barrel and determines they have not properly registered it, which of the following results do you feel is more appropriate:
I don’t think short barrels should be regulated. Here is a chance to get expedited, FEE-less registration of your “pistol”. Take advantage of the fee waiver. You know your braced pistol is a short barreled rifle. Just accept that the NFA ’34 existed since ’34.
It’s not about me – I don’t own a braced pistol. It’s about unjust and illogical laws that have no purpose.
Why would someone want to register something with the government for which registration was not required at the time of purchase?
You didn’t answer the question about the penalty.
I don’t think it is worthy of a penalty.
Why do you believe everyone should comply with increasingly restrictive laws or even the original law?
You have been fairly vocal about chastising people – why not support them?
You realize there will be no end to gun control laws until tens of millions of people refuse to comply, don’t you?
@Dubi – Given ATFs history how likely do you think they will be to stick to their non-binding intention of not prosecuting people who register their pistols? Look at the case of Matthew Moran who was prosecuted despite New Jersey law providing immunity for voluntary surrender. What is to stop some enterprising prosecutor from acquiring list of those who registered and charging all of them? In order to take advantage of scheme proposed by ATF, one will need to voluntarily provide a signed confession to a federal felony – good luck fighting that charge. While we may all believe that… Read more »
Don, do you believe civil disobedience is a valid process for a large group of people to use to address laws they find unjust?
Use the courts and legislature.
That doesn’t work – Rosa Parks showed us the way.
Do you think people like Paul Ryan, Mitch McConnell, Lindsey Graham, John McCain, Bob Dole, either of the Bushs, Mitt Romney, or Donald Trump care one bit about people’s right to own an SBR?
I don’t think any of them really care. Several of those you mentioned are dead.
I said “people like” them – there is no shortage of Republicans who merely use the 2nd Amendment as a campaign slogan.
https://www.youtube.com/watch?v=AwfdbTvJDaQ&ab_channel=TheSilentWatcher
“Grow up”, “childish comments” “unworthy of being published”; How high up in the executive hierarchy of FaceBook are you? Censor all the ignorant, toothless, hillbilly hicks… LOL… Nothing like insulting others and “high browing” your Mensa intelligence. Of course you’re right…. However, if I use my pistol brace as a pistol brace rather then a stock??…. I for one always drive the speed limit, even though my Yugo can break 80 MPH going down hill… And… I am a fool…
Don, you indicated you don’t like the NFA laws, or the penalties for violating those laws, but you believe people should comply with the laws because they have been around since 1934 (and the current debate is over the interpretation of those laws). What do you think about the laws that are coming? If the people who control Biden get their wish and do what they promise (and they are a lot better at making good on their promises than Republican politicians are), there will be laws requiring the registration of tens of millions of semiautomatic firearms and who knows… Read more »
I am hoping the Republicans win in GA. It is our only hope of stopping Biden and Harris.
Even if they do, there will be enough Republican senators to get the laws passed (as in the past).
Do you think people should comply with registering all firearms when we get to that point (meaning when there is a law that states all firearms must be registered)?