ATF issues rule change proposal regarding pistol braces

DispositionMatrix

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Published on 6/7/2021.

2021R-08
https://www.atf.gov/file/154871/download
ACTION: Notice of proposed rulemaking; request for comment.

SUMMARY: The Department of Justice (“Department”) proposes amending Bureau of
Alcohol, Tobacco, Firearms, and Explosives (“ATF”) regulations to clarify when a rifle
is “intended to be fired from the shoulder.” The Department proposes factors ATF
considers when evaluating firearms equipped with a purported “stabilizing brace” to
determine whether these weapons would be considered a “rifle” or “short-barreled rifle”
under the Gun Control Act of 1968 (“GCA”) or a “rifle” or “firearm” subject to
regulation under the National Firearms Act (“NFA”). This proposed rule is a separate
action from the Notice on the Objective Factors for Classifying Weapons with
“Stabilizing Braces” published on December 18, 2020, and withdrawn on December 31,
2020. No comments received under the withdrawn notice were considered for this
proposed rule, and no comments received pursuant to that notice will be considered as
part of this proposed rule. Commenters will need to submit new comments in connection
with this proposed rule.

DATES: Written comments must be postmarked, and electronic comments must be
submitted on or before [INSERT DATE 90 DAYS AFTER DATE OF PUBLICATION
IN THE FEDERAL REGISTER]. Commenters should be aware that the electronic
Federal Docket Management System will not accept comments after Midnight Eastern
Time on the last day of the comment period.
Factoring Criteria for Firearms with Attached “Stabilizing Braces” | Bureau of Alcohol, Tobacco, Firearms and Explosives
What is Proposed in this Rulemaking?
The proposed rule would:
  • Amend the definition of “rifle” in 27 CFR 478.11 and 479.11, respectively, by adding a sentence at the end of each definition to clarify that the term “rifle” includes any weapon with a rifled barrel and equipped with an attached “stabilizing brace” that has objective design features and characteristics that indicate that the firearm is designed to be fired from the shoulder.
  • Set forth a worksheet “Factoring Criteria for Rifled Barrel Weapons with Accessories commonly referred to as ‘Stabilizing Braces,’” ATF Worksheet 4999, to aid the firearms industry and public in understanding the criteria that ATF considers when evaluating firearm samples that are submitted with an attached “stabilizing brace” or similar component or accessory.
This proposed rule would not affect “stabilizing braces” that are objectively designed and intended as a “stabilizing brace” for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock.
 
I can't hardly wait for the first ATF takedown of a disabled person in a wheelchair who uses a pistol brace. You know break the arms and legs yanking some guy out of wheelchair to grab that evil evil pistol brace. I mean they're used every day in crimes right? BLM is practically tossing them at cops, so yeah we need to ban another piece of plastic. Jesus what a bunch of dolts. We are governed by world class idiots.
 
i thought they already squashed this
They previously were going after Q right before the election, but got squashed. Particularly because of how arbitrary it was and how much of a black box their irregular decision making process was.

Now they’re trying to cross their Is and dot their Ts before going after braces.
 
You should read the charts and the examples they have in that document. So many ways to count to 4 and get you.
A Bundy Ranch here, a Branch Davidians compound there makes them think they can push the entire population around. This administration is arrogant enough to think that they have a limitless ability to kill 2A rights with their 3-letter attack dogs. Certain states are already pushing back with F-U legislation aimed at the feds. I don't like what I see developing.
 
Knew this was coming, kind of obvious this was going to happen sooner or later. The whole brace thing has been pushed to the edge over and over, you'd have to be an idiot to not know this was coming. We all knew the intent of the NFA and SBR definitions, didn't agree with it but the intent was obvious. So the technicalities were pushed to the edge to keep guns out of the NFA SBR category. And despite knowing the brace thing was pushing the limits, people posted hundreds of video of braces being shouldered, did you think no one was watching? And now they will use those same videos to show what the intent of the design was (a key factor). So now they will clear up some of those technicalities, not a surprise, unfortunate, but not a surprise.

Here's a couple thoughts. If you're pushing up against the legal limits, don't go around screaming "look at me". And if you are drawing attention on purpose, maybe as a form of protest, well good for you. You've made a decision to stand up and get noticed. Just don't go around whining when you do get noticed, that was the point in the first place. Hold you head high, acknowledge your actions and hopefully it will motivate others.
 
A Bundy Ranch here, a Branch Davidians compound there makes them think they can push the entire population around. This administration is arrogant enough to think that they have a limitless ability to kill 2A rights with their 3-letter attack dogs. Certain states are already pushing back with F-U legislation aimed at the feds. I don't like what I see developing.
It’s not just this administration. The writing is on the wall. Those “certain states” pushing back are just certain politicians playing their angles. They’ll all play their games and dance their dances, and we’ll all sit on our fat lazy asses and watch it all slip away in the end.
 
No shit [rofl]

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You mean like for the bump stock ban?

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Get em cheap here

$97.77

 
If it manages to get jammed through all folks need to do is remove the brace and go back to the old skool AR pistol configuration that just has a naked buffer tube

The proposed regulation accomplishes nada other than to create a mechanism to jam up existing owners......but its not a tough one to comply with afaict
Yeah but that solution sucks
 
Knew this was coming, kind of obvious this was going to happen sooner or later. The whole brace thing has been pushed to the edge over and over, you'd have to be an idiot to not know this was coming. We all knew the intent of the NFA and SBR definitions, didn't agree with it but the intent was obvious. So the technicalities were pushed to the edge to keep guns out of the NFA SBR category. And despite knowing the brace thing was pushing the limits, people posted hundreds of video of braces being shouldered, did you think no one was watching? And now they will use those same videos to show what the intent of the design was (a key factor). So now they will clear up some of those technicalities, not a surprise, unfortunate, but not a surprise.

Here's a couple thoughts. If you're pushing up against the legal limits, don't go around screaming "look at me". And if you are drawing attention on purpose, maybe as a form of protest, well good for you. You've made a decision to stand up and get noticed. Just don't go around whining when you do get noticed, that was the point in the first place. Hold you head high, acknowledge your actions and hopefully it will motivate others.
I disagree. Civil disobedience includes pushing the limits and normalizing things at the limit. The more people normalizing short carbines outside of the NFA, the better. It changes perception. We now have many new shooters around the country who view short carbines with braces as totally normal and attempts to ban them foolish.
 
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