RELATED: Gov. UPDATE, Dec. 23, 2020: Several days after publication of this story, the ATF withdrew its Objective Factors for Classifying Weapons with “Stabilizing Braces” guidance. The ATF, an arm of the Justice Department, has used the 84-year-old law to go after firearms for decades. In 2015, the ATF defended their opinion, claiming using a brace as a stock constitutes a weapon “redesign”. As of late December 2020, much has been written and said about a recent set of proposed rules for pistol braces by the ATF. All Rights Reserved. The Honeybadger Pistol by Q. If you’re wondering just exactly what a pistol brace is, the popular YouTube firearms channel Gun Talk Media demonstrates how to use one in the video below. You also agree to our. 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. He is a proud husband and father. Alex Wong / Getty Images Biden Rescinds Trump Order Keeping China Out of American Power Grid, Stefani Reynolds - Pool / Getty Images Virtually Every American Would Feel the Impact of Tax Hike That Buttigieg Just Floated, Mandel Ngan - AFP / Getty Images Biden's Plans for Week 2 as President Revealed, ABC13 Houston / Facebook screen shot Video: Amazon Driver Finds Baby Abandoned on Side of Road. Gen. William Barr demanding ATF refrain from drafting the rules without Congressional purview. This "holistic" approach could consider: (T)he firearm’s type, caliber, weight, and length, the design of the brace itself, whether the firearm can be properly aimed when using the attachment as a brace, and whether an optic that cannot properly be used one-handed is present (i.e., something that suggests intent). The Firearms Policy Coalition cautions the new proposal recognizes that most brace users have acted in good faith and it "does not appear to reflect a new 'ban' on pistol braces or firearms with such devices. On Dec. 18, 2020, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a notice that it’s currently evaluating pistols with an attached stabilizing brace to determine whether these should be subject to the National Firearms Act and/or the Gun Control Act. What is going on? That criteria includes: […] ATF Pistol Brace Ruling May Be Trojan Horse For Biden Administration December 31, 2020 Constitutional Nobody Politics America’s 700,000 owners of pistol braces received a gift from an unlikely source the day before Christmas Eve. U.S. Rep. Matt Gaetz announced on his podcast "Hot Takes with Matt Gaetz" the ATF is crafting new rules concerning pistol braces. Update: The ATF announced that it has “withdrawn its guidance” concerning pistol braces, which means pistol brace guidelines will remain as they are, for the time being. This article, and its headlines, remain as published. Well it appears that there is a 16 page rough draft copy of proposed rulemaking specifying “Objective Factors for Classifying Stabilizing Braces” according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The order indicated that the Honeybadger, in large part due to the SB Tactical pistol brace, was an SBR – not an AR pistol. The pistol braces acceptance will be based on a set of criteria by the ATF. “ATF’s longstanding and publicly known position is that a firearm does not evade classification under the NFA merely because the firearm is configured with a device marketed as a ‘stabilizing brace’ or ‘arm brace,'” the ATF post said. ATF Ruling in 2015. Tap here to add The Western Journal to your home screen. The National Rifle Association additionally excoriated the ATF in a statement, asserting the bureau appears ready to carry out an assault on Second Amendment rights on behalf of anti-firearms Democrats. The NRA added, “Gun owners know elections have consequences. The ATF appears to use 13.5 inches as the maximum length a brace may extend behind the trigger face without being considered a shoulder stock. “GOA will rally the grassroots to fight these regulations, and if they eventually go into effect, we will commence immediate legal action to protect gun owners,” he said. In a 16 page draft copy of proposed rulemaking/guidance specifying "Objective Factors for Classifying Stablizing Braces", the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has proposed entering into rulemaking to delineate the objective factors considered when "evaluating firearms with an attached stabilizing brace to determine whether they are considered firearms under … Stay in the know. Therefore, it fell under the NFA, and all owners would need to register with the ATF. 7 Oct 2020 718. The proposal seeks to evaluate AR pistol with braces on a case by case bases. After previously ruling that shouldering an AR pistol was perfectly fine without a Form 1; the ATF tried to calm the tempers of the anti-2nd Amendment politicians, and made it illegal to shoulder an AR pistol. The Washington Free Beacon explained the situation with some degree of clarity. We are committed to truth and accuracy in all of our journalism. This is why we must all fight to protect the pro-gun Senate majority in the run-off races in Georgia. Click here to log out. “When an accessory and a weapon’s objective design features, taken together, are not consistent with use of the accessory as an arm brace, that is, not to stabilize a handgun when being operated with one hand, such weapon, configured with the accessory may fall within the scope of the NFA, particularly where the accessory functions as a shoulder stock for the weapon. U.S.A. –-(AmmoLand.com)- The … What is astonishing is ATF has the prerogative, under ATF order 3310.4b, to admonish and have a person remove the … As of now, the ATF’s action is limited to the Q, LLC (Q) manufactured AR-15 pistol called the “Honey Badger,” but an expansion of the policy, which would impact all AR-15 pistols with pistol … If you spend time watching YouTube videos and trolling the gunosphere, you may have run across some videos and other posts announcing that the ATF has now considers any braced AR or AK pistol to be “ any other weapon ” and is therefore regulated under the National Firearms Act, with all of the paperwork and taxes that goes along with it. “We understand that ATF is currently considering restricting one arm brace model,” Congressman Gaetz writes along with six other members of Congress. 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. The paper seeks feedback on formulating guidelines towards "evaluating firearms with an attached stabilizing brace to determine whether they are considered firearms under the National Firearms Act (‘NFA’) and/or the Gun Control Act (‘GCA)” and plans for a process for "current possessors of stabilizer-equipped firearms to choose to register such firearms in compliance with the NFA.". Mrgunsngear has a comprehensive rundown on his YouTube channel . 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. As of 2020, the ATF has not changed their last opinion. Comments will be accepted by the agency until Jan. 4. 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. That isn’t happening. 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.". “The controversy stems from how federal law distinguishes between short-barrel rifles and shotguns, both of which must be registered and require a $200 tax stamp, and pistols that do not require either. A choice target for anti-gun groups, some have loudly stumped for the ATF to undertake a rulemaking action that would outlaw or further regulate braces. 0. Well it appears that there is a 16 page rough draft copy of proposed rulemaking specifying “Objective Factors for Classifying Stabilizing Braces” according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “Upon issuance of final guidance, ATF will provide additional information to aid persons and companies in complying with Federal laws and regulations.”. As of late December 2020, much has been written and said about a recent set of proposed rules for pistol braces by the ATF. The ATF turned over the document that alleged the popular pistol brace company ... proceed with the development of new braces based on ATF’s initial decision letter. Confusing new guidance issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives on Friday signals the agency could soon go after some popular gun accessories, and that might put millions of gun owners in a precarious position. 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 This length of pull limitation lacks description in any Federal statute, regulation or published letter. This year has already seen the ATF go after Q over that company's Honey Badger pistol, equipped with an SB Tactical brace. Despite rumors, there is no known official change to ATF policy as it relates to the legality of pistol braces. October 27, 2020. in Gun Laws. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) recategorized a popular Q, LLC-manufactured AR-15 pistol with stabilizer brace as a Short Barreled Rifle (SBR), which places the gun under the purview of the National Firearms Act (1934). the ATF go after Q over that company's Honey Badger pistol. TRENDING: Supreme Court Throws Out Trump Lawsuits. The Free Beacon spoke with Erich Pratt, senior vice president of Gun Owners of America, who said the “ATF has gone off into the deep end.” Pratt vowed to fight any ATF decisions to clamp down on pistol braces. It is estimated that well over 4 million stabilizing braces are in circulation. Whitmer Tries to Sneak Gun Control Into COVID Relief Package. “The ATF has advised that a braced pistol with a length of pull in excess of 13.5 inches may constitute a re-design of the brace into a stock.” In addition to length of pull, overall length (OAL) should be measured. A new rule quietly floated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) would outlaw millions of guns and turn gun owners into criminals. "It would not surprise me if the proposed rulemaking is published on December 24th, so that most interested individuals and businesses will be distracted by the holidays and unable to respond in the two-week response period," warned Prince. On August 3, 2020, gun maker Q received a cease-and-desist letter from the agency regarding its Honeybadger AR pistol. This guidance comes after a lot of quesitons as to when you could or could not put a vertical foregrip on an AR pistol. Get Guns.com offers and news, Need Help?service@guns.comCall (866)582-4867, PO Box 1131 13800 Nicollet Blvd Burnsville, MN 55337 ©2019 Guns.com. “ATF publishes this notice to inform and invite comment from the industry and public on the proposed guidance, Objective Factors for Classifying Weapons with ‘Stabilizing Braces,’ prior to issuing a final document,” the bureau said. The agency hasn’t signaled it’s ready to put owners of the stabilization devices under siege, but that doesn’t mean there isn’t the potential for trouble. A decision by the ATF could potentially turn those millions of previously law-abiding gun owners into criminals overnight. 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If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; … In a document posted Friday on the Federal Register, the bureau laid out that it could soon move to put pistol braces under the control of the National Firearms Act of 1934. The Free Beacon estimated there might be as many as 4 million pistol braces in private hands. However, ATF is absolutely attempting to crack down on what it will consider a pistol, and what it will not. UPDATE, Dec. 23, 2020: Several days after publication of this story, the ATF withdrew its Objective Factors for Classifying Weapons with “Stabilizing Braces” guidance. ATF Pistol Brace Ruling May Be Trojan Horse For Biden Administration ... 2020 Andy Hogue. We are committed to truth and accuracy in all of our journalism. Gemtech Adds Rimfire Suppressor To Complete Upper For M&P 15-22 ... ATF Pistol Brace Ruling May be a Trojan Horse for Biden Administration Mrgunsngear has a comprehensive rundown on his YouTube channel . You can still shoulder a pistol brace. Gaetz said he and six of his congressional colleagues have sent a letter to the acting ATF director, Regina Lombardo, and Atty. The New Hampshire maker of a popular-styled AR-15 “pistol” today said that ATF suspended its surprise decision made last week to outlaw the gun, called the “Honey Badger” pistol. The legislation was designed to go after short-barreled shotguns and rifles, which were commonly used in high-profile crimes during that era. The key component is whether a firearm is designed to be pressed against the shooter’s shoulder,” the outlet’s Stephen Gutowski reported. If you wish to weigh in, the time is now. The ATF might target the legality of pistol braces, which are most commonly associated with AR-15 pistols. The ATF makes clear that their pending re-evaluation of AR pistols with stabilizer braces will be on a “case by case basis, ” as the agency “[evaluates] whether a particular firearm configured with a stabilizing brace bears the objective features of a firearm designed and intended to be fired from the shoulder, and thus subject to the NFA.” Completing this poll entitles you to The Western Journal news updates free of charge. Those include paying the tax stamp and registering the weapon. However, even this initial draft document is legally suspect, contends Joshua Prince, an attorney well-known for taking pro-2A cases. 20K+ Comments (So Far) On ATF’s Proposed Pistol Brace Rules Posted at 7:00 pm on December 22, 2020 by Cam Edwards 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 This is why we must all fight to protect the pro-gun Senate majority in the run-off races in Georgia.”. 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 by the National Firearms Act. In the ATF’s potential coming assault on pistol braces, millions of owners of the devices might be left with only a few alternatives. He has also worked as an editor and producer in radio and television. The ATF has gone back and forth on the use and certification of stabilizing braces for a decade, hailing to the original circa 2012 SB Tactical "Sig Arm Brace." The situation is confusing, as the document from the agency is unclear on what devices it would target. The devices are particularly useful in helping persons with disabilities fire weapons while using only one arm. (2/2) The @NRA will fight these aggressive anti-gun actions on pistol stabilizing braces and Polymer80. The agency also indicates that it will observe the marketing of firearms and accessories, as well as other more subjective factors. ATF Pistol Brace Reversal Political Move, 60-Day Suspension of Honey Badger Decision, Photo by @the_official_q. Read our, Gov. As of 12/16/2020, a lot of things have come down the pipe when it comes to Pistol Braces/Stabilizers and the ATF/DOJ. 2:58. For some background, the 1934 gun control law requires certain firearms to be registered by their owners, who might also be forced to pay a $200 tax stamp. Johnathan "Kipp" Jones has authored thousands of news articles throughout his career. 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 by the National Firearms Act. December 22, 2020. The actions of Great Depression-era criminals sent the government into a frenzy to regulate some firearms, and now, decades later, lawful owners of pistol braces might find themselves in a heap of trouble because of the outdated law. Wisconsin: New Regulations for Archery and Hand Fishing for Catfish ... Mossberg 940 JM Pro Wins 2020 Best New Shotgun Award . 4 million stabilizing braces are in circulation. ATF Pistol Brace Reversal Political Move, 60-Day Suspension of Honey Badger Decision, Photo by @the_official_q. Other options could include destroying their hardware, turning it over to the feds or ignoring potential new guidance and being in violation of federal law. Instead, the FPC points out that the document seems intended to inform the public on a future framework of how brace-equipped firearms will be examined in the future in line with NFA compliance before crossing into short-barreled rifle, or SBR, territory. Meanwhile, Democrats on Capitol Hill have arbitrarily included braces in their "forbidden" list in planned federal "assault weapon" bans. In an ATF letter obtained by firearms legal expert, attorney Adam Kraut, the ATF is no longer allowing overall gun measurements to include “stabilizing braces” used to brace the gun against the user’s forearm, meaning that many popular guns like the AR pistol could be under their standard length and subject to the National Firearms Act (NFA) regulations if they have a vertical foregrip … What is going on? The ATF published a notice last Thursday that it intended to outlaw the AR-15 pistol and similar firearms and that existing weapons will have to be destroyed, turned over to authorities, and owners to register. Braceist! CAUTION: Federal and state firearms laws are subject to frequent change. You're logged in to Facebook. ATF Pistol Brace Ruling May Be Trojan Horse For Biden Administration December 31, 2020 Constitutional Nobody Politics America’s 700,000 owners of pistol braces received a gift from an unlikely source the day before Christmas Eve. The NRA and GOA are taking the potential for action against pistol braces seriously. As of 12/16/2020, a lot of things have come down the pipe when it comes to Pistol Braces/Stabilizers and the ATF/DOJ. Proposed ATF Changes on Pistol Braces Surface. 20K+ Comments (So Far) On ATF’s Proposed Pistol Brace Rules Posted at 7:00 pm on December 22, 2020 by Cam Edwards News|Industry News On Friday, the ATF submitted a proposal to the Federal Register for new rules/guidance on evaluating pistol braces on firearms. As the video points out, the ATF contends that AR-15 pistols, when shoulder-fired, are considered to be illegal short-barreled rifles and not pistols — thus the invocation of the NFA. In 2017, the ATF reversed their opinion, saying use of an unmodified arm brace as a buttstock isn't illegal. Prince, pointing out the proposal, which is not yet published in the Federal Register, calls for a 14-day comment period, which is off base. What makes this all so poignant is a recent bit of correspondence dated November 2020 wherein the ATF states that several of the SB Tactical pistol stabilizing braces—most specifically the wildly popular SBA3—are actually not approved. “By completely changing course on earlier decisions, [the ATF] has signaled that it is ready and eager to collaborate with Joe Biden, Kamala Harris and other gun control extremists to infringe on our Second Amendment rights,” it said. Federal regulators are moving to make history-- and not in a good way-- by establishing national rules on braces and how owners of some affected stabilizer-equipped firearms will register them with the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives has prepared a draft 16-page proposal which was released Wednesday by pro-Second Amendment groups and attorneys specializing in gun law. 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." ATF Decisions on the Pistol Brace Vasquez explained, “The rubber tip rotated freely and had to be retained in place with a short length of cord. Far from being a niche-use item, publicly-traded firearms giants Ruger and Smith & Wesson have introduced large-format AR pistols with factory-installed stabilizing braces within the past two years, proving that the devices have penetrated well into the mainstream. You may opt out at anytime. On October 7, 2020, Breitbart News reported that the ATF reclassified a small sliver of AR-15 pistols with stabilizer braces as Short Barrel Rifles (SBRs), thereby placing them under the purview of the National Firearms Act (NFA).. The ATF noted in the document published Friday that it is seeking comments from the public before moving forward with the pistol brace regulations. 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