pistol brace
(Foghorn for TTAG)

From the Firearms Policy Coalition . . .

Today, the Biden Administration’s Department of Justice (DOJ) officially released a notice of proposed rulemaking announcing yet another unlawful ATF rule to further attack and restrict the fundamental right to keep and bear arms. This newest rule targets “pistol braces” in an attempt to retroactively apply onerous National Firearms Act (NFA) restrictions and potential criminal liability to possibly millions of legally acquired and possessed firearms that are overwhelmingly used for lawful purposes.

ATF Rule 2021R-08, entitled “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” would redefine the word “rifle” in order to administratively reclassify brace-equipped pistols into NFA-regulated “short-barreled rifles” (SBRs). In doing so, this latest proposed rule by the ATF would, if enacted, radically expand the law and turn currently lawful pistol possession into a minefield of felony crimes. A full copy of the proposed rule can be found at SaveTheBraces.com.

The DOJ claims that the new rule would “clarify when these attached accessories [braces] convert pistols into weapons covered by these heightened regulations [the NFA].” In order to do so, the ATF proposes an arbitrary and vague “points system,” wherein if the ATF chooses to give a firearm more than 4 points in two separate parts of the test, the firearm would automatically be considered an SBR, and regulated under the purview of the NFA.

The FPC Law team is currently conducting an in-depth analysis of the Proposed Rule for both regulatory and pre-litigation purposes. FPC strongly condemns the ATF’s proposed new rule and is committed to mounting an aggressive legal, regulatory, and grassroots response.

“Just as FPC did when the Trump Administration’s DOJ lawlessly declared that bump-stocks were machine guns, we will use every available resource to defend the People’s human right to keep and bear arms from attacks by the ATF,” said FPC Senior Director of Legal Operations Adam Kraut. “We stand ready to defend the People, human liberty, and personal property in this rulemaking process and, if necessary, in court.”

Further information and analysis will be made available at SaveTheBraces.com and FPCLaw.org.

Individuals that are interested in joining FPC in the fight against tyranny can become a member of the FPC Grassroots Army for just $25 at JoinFPC.org.

Firearms Policy Coalition and its FPC Law team are the nation’s next-generation advocates leading the Second Amendment litigation and research space. Some FPC legal actions include:

  • A challenge to California’s ban on so-called “assault weapons” (Miller v. Bonta) that resulted in a post-trial judgment and permanent injunction against the challenged regulations, the first such victory in United States history
  • A brief supporting certiorari in NYSRPA v. Bruen, which was granted by the U.S. Supreme Court
  • A challenge to Georgia’s ban on handgun carry by adults under 21 (Baughcum v. Jackson)
  • A challenge to Tennessee’s ban on handgun carry by adults under 21 (Basset v. Slatery)
  • A challenge to Maryland’s ban on handgun carry (Call v. Jones)
  • A challenge to New Jersey’s ban on handgun carry (Bennett v. Davis)
  • A challenge to New York City’s ban on handgun carry (Greco v. New York City)
  • A challenge to Pennsylvania’s ban on handgun carry by adults under 21 (Lara v. Evanchick)
  • A challenge to the federal ban on the sale of handguns and handgun ammunition to adults under 21 years of age (Reese v. ATF)
  • A challenge to Maryland’s ban on so-called “assault weapons” (Bianchi v. Frosh)
  • A challenge to California’s handgun “roster”, microstamping, and self-manufacturing ban laws (Renna v. Bonta)
  • A challenge to Pennsylvania’s laws completely denying the right to carry to individuals who were previously granted relief from prior non-violent convictions and are not currently prohibited from possessing firearms (Suarez v. Evanchick)

For more on these cases and other legal action initiatives, visit FPCLegal.org and follow FPC on InstagramTwitterFacebookYouTube.

 

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. FPC Law (FPCLaw.org), the nation’s largest public interest legal team focused on the Right to Keep and Bear Arms, is the nation’s leader in the Second Amendment litigation and research space.

44 COMMENTS

  1. I am 66 years old Disabled Veteran and don’t care what they do. I am keeping mine
    So they can shove their new rule where the sun doesn’t shine and Biden the coward draft Dodger can go to hell.

        • Draft dodging… hell. If the globalist war machine industrial complex gins up another world war, I think it’s your duty as an American to dodge the ever living sh#t out of any draft at this point.

      • hatrick…what a stupid moniker you have…fitting. And based on your words you would be an obama clintoon democRat Party lintlicker.
        With time POTUS DJT spent in a military academy when compared to b.h. obama and bill clintoon POTUS DJT is a 5 Star General…Now gfy.

        • “With time POTUS DJT spent in a military academy“

          Yes, the bravery shown by cadet bone spurs will be an inspiration to American soldiers for hundreds of years, bravo!

    • I served.

      At this point, I’d say it’s more patriotic to dodge a draft than ever. Shits changed. Tbh, if you were smart you would have dodged too. No war for our government has ever been worth fighting. Even WW2 wasn’t about saving Europe, or the world, it was about stopping the Russians from taking too much after they defeated the Germans. From what I saw in iraq, and Afghanistan, I’d never blame anyone for wanting to dodge shit like Vietnam. Even assholes and their race baiting propaganda like Ali, calling it a white man’s war, are totally right. It’s not a white mans war, it’s a politicians war for furthering their tyrannical reach. So good for them for sticking up their middle fingers to the government. And let’s be honest, if you had the money and a secure future for generations to come, would you give it all up for some bullshit that has nothing to do with our freedoms at home?

      Going forward, beyond 2021, it’s your fucking duty to “the constitution” – or at least it’s intentions on what America CAN be, or should be – to dodge a draft. Fuck the government and their wars.

      • America should’ve just stayed out of WW2. Without any American involvement at all the British would’ve sued for peace and the entire force of the Wehrmacht, without American Air bombardment, would’ve been able to break the Soviets and push them to permanently into Siberia for later conquest. Japan would’ve kept China at bay, and the Middle East would be firmly under German control. No communism, no Islamic domination, no powerful China. The advancement of the German race would’ve accelerated world technology to where we’d be colonizing the moon and Mars already. America would be left unmolested by the axis as they would’ve still built the bomb first. A cold war would’ve settled in but eventually peace and an alliance would be attained through business deals and similar space exploration goals.

        • “no Islamic domination“

          Au contraire, my friend, the Nazis and the Muslims had many joint ventures and were allies in World War II.

          Tell the truth, you are just craving the concentration camps and gas chambers to eradicate the Jews and minorities that you view as subhuman.

          A true Trump supporter, wishing for the thousand year Reich.

        • Eh…probably not. But nobody knows and nobody will ever know. Speculation is as pointless. As is Miner49er’s comment.

        • Ingrid, when a poster advocates for the policies of Nazi Germany on TTAG you don’t think it’s a good idea to call them out?

          Interesting perspective on your viewpoint and sympathies.

        • Your “Proposed HISHB Synopsis” conveniently leaves out a few facts, such as Japan attacking Pearl, the Rape of Nanking, Showa Era atrocities beginning with Hirohito’s coronation pale in consideration that Japan had been at war with other Asian nations since 1895, with Japan’s assassination of Jorean Queen Min. For Japan, there was no twenty year pause between WW 1 and WW 2. They had been at war in the East for nearly 50 years. During that time, the best estimate of the murders Japan committed, is conservatively 20 to 25 million (it could be as high as 90 million per some experts). So you think we should have just sat that one out? It was German and Japan’s actions that drug us into the War. The US didn’t pick the fight, the Nips and the Huns picked it.
          General Patton was right. We should have went right after the Soviets as soon as Germany capitulated. FDR and Churchill’s carving up of Eastern Europe with Stalin, was as big of a mistake as Chamberlain appeasing Hitler.
          Had the Western Allies stomped Stalin back under his rock, there’d have been No Cold War, Korea or Vietnam. Solidly backing Chiang would’ve stopped Mao.

          Even if the US had remained isolationist, we’d have still been forced to fight Germany and Japan. Hitler and Tojo had world conquering delusions of grandeur.

      • No need to dodge the draft when America is making felons out of its citizens.
        Hopefully next war the immigrants who’ve fled to this country will volunteer for the country they’ve chosen as their new home.

    • Well it’s one thing to simply say you’re going to keep your braced pistol at home in secret, but are you willing to flout the new ATF rule at a public range with witnesses some of whom may be FUDDS or LE.

      • Takes 38 states to Amend the Constitution. That will never happen. Next that rule will be challenged in courts for years. Unlike the butt stock issue this one has political bs written all over it. So the answer is yes.

  2. Unfortunately the “gun community” doesn’t understand and it’s the gun accessories Market that has really helped to improve guns overall. And yet I hear arguments from these same people questioning gun accessories and ammunition, asking “are they really part of the Second Amendment”???

  3. ok so how long until somebody uses the comment period to ask the atf the following question:

    “what if what my pistol brace is attached to is longer than 26 inches – does that mean i can put any brace and any accessory i want on it and still be clear of the nfa”

    im thinking that the 26 inch thing is an “exit door”

    and that once made aware of it the atf going to slam it shut on the next revision after the comment period ends

    it was a “way out” for vertical grips this whole time

    so why not for braces

    i submit that the whole comment period is at least as likely as not just a great big fishing expedition for them…looking for “ideas were already contemplating for alternate methods of compliance” that they can then eliminate

    and people who say stuff like “oh yeah – i got what you want right here- molon labe”

    so lets be careful ok people…

    • “Give everyone that has one a Free SBR Stamp within 30 days!”

      Not a bad idea, if this goes down.

      If they are dead-set about putting them on the NFA, we should insist the millions of them out there have the 200-dollar tax stamp fee waived in a ‘grace period’.

      And since that will slam their paperwork, make it that if the paperwork is has been received and is in process, that no crime has been committed.

      If we’re about to get sh!t on, we should be able to use an umbrella to keep as much of it off of us as possible…

      • Yeah, Geoff, if you’re willing to have details about you and your firearm on what is OBVIOUSLY the beginning of a national firearm database, that would be a “solution”. The government has exactly zero business “registering” my legally-acquired firearms.

        On this issue, I emphatically agree with Montana Actual (below) – the ATF can osculate my anal sphincter.

    • Fuck that.

      Fuck their stamps.

      I will not comply. I am not paying to comply.

      Stop asking permission.

      • exactly, I don’t think everyone is aware of what changes once you get your first stamp.
        Free men don’t need permission.

        The whole NFA needs repealed and the ATF needs knocked down to a manageable size, they need to do what we need done, not what they want to do.

        Putting a stock on a pistol does not make it more dangerous and it most definitely does NOT make it more concealable!!!!!!!
        The NFA is simply a way to ban things without actually banning them since the 2nd wont allow it.

      • Montana Actual assuming you don’t have the convenience of a private range will you continue to take your braced pistol to a public range in full view of Fudds and LE ?

    • I don’t care if it’s free. It’s still “permission”, and still registration. And registration eventually leads to manipulation or outright confiscation.

      Some brave men at Lexington had something to say about that…

  4. Hey, TTAG management –

    How about asking Jeremy or Nick to show an example or 3 of firearms that would be legal under those rules?

  5. Sales of carbine buffer tubes and shoulder thingys that go up and down will go up in a way that will appear very confusing when compared to no meaningful increase in $200 SBR tax permission slips from the crown.

    They might figure that out, but I’m not worried they’ll get me by demanding credit card records from online vendors. I’ll just remember where there might be a bump stock and use that instead of buying a new stock to replace my brace. It’s part of my commitment to the environment not to use disposable plastic which I’m told the socialist support?

    • True MRA0331. During the Ruby Ridge gun control episode the Feds didn’t kill the whole Weaver family, just his wife Vicki and son Sammy died ( and their dog ) Randy and his oldest daughter lived…initially all over the length of a shotgun barrel.

      Oh and Waco. Again gun control laws led to the slaughter of dozens of men, women and children…but there were survivors.

      I doubt anyone here has the balls of the Weavers or the Davidians. It just “muh Second Amendent, I will not comply, keep your powder dry”, etc.

      Tough talk is just talk.

  6. The way that they are doing this could cost them *dearly* ; if we play our cards smart.

    Pistol braces are clearly not as dangerous as they are now claiming, since they recently ruled shouldering a brace did not convert a braced pistol into an SBR. There were no new ‘rivers of blood’ created. And *still* hasn’t, as laid out in their proposed new ‘points’ system.

    Working that angle the right way just may pay off *bigtime* for our side, especially if we get an opportunity to present that argument to a sympathetic jury (in a circuit court carefully chosen by us)…

    *Wink-wink nudge-nudge*… 😉

  7. I have always wondered why our cowardly governments make rules for the Law-Abiding, rather than halting the criminals, who ignore all rules! They are trying to make the innocent, automatically guilty, needing to prove their innocence, much like the idiots at the IRS!

    • The “rules” are made for everyone. It’s just that criminals dont care about rules.
      Miner49er said something awhile back about the legality of shooting someone after they’ve broken into your house and excited.
      In my world its legal to chase the S O B down the street and do whatever.
      But that would be against the law.

  8. If gun accessories were approached as OSHA does tools other than guns, they would be encouraged. Their primary use is to improve ergonomics and accessibility fo people with disabilities. I’m more aware of this as I get older; I have problems with my shoulders, eyesight, steadiness, and overall stamina to carry tools in the field. Braces, grips, rail mount options, and optics can all help. Maybe they need a commercial where an elderly black Muslim woman in a wheelchair says, “Thanks to my pistol brace and other accessories, I can carry my AR to “peaceful” BLM protests and protect myself if needed from white supremist racist cops.”

  9. Need to classify such as nuclear weapons and put up signs saying there are nuclear free zones! 🖕🐀💩👜s they are directly against our foundational freedoms! Let’s background check all politicians to see if they are fit to be in office!

  10. Regarding the ongoing antics of the ATF, aka BATFE, when did tax collectors become a law making body? Someone explain that magic please.

    • My estimates as well. Congress alone legislated US Laws, not the DOJ or All Toddlers (are) Flammable.
      Every rule change they make is Unconstitutional. Neither they or the Senile Fool in the Oval Office has that authority.

  11. miner 49, a true commie, I voted for trump and I did not vote for biden, so far the worst president we have ever had. you like guns but you vote for the gun grabber? how much pot did you smoke? are you some sort of democrap/commie plant on this forum? and about staying out of WW2, ( GGR) if anyone here went to school you might remember hearing that, WE WERE ATTACKED! you know , that pearl harbor thing? and also hitler had a plan for our country and it was not good. so we could not stay out of it. and what does that draft dodger comment have to do with the subject matter of this post?

  12. Glenn S – I agree with your assessment of Biden & Co. However regarding WW2 you should do some research.

    We did not need to enter that war; at all. Hitler had no “ plans “ for the USA. He stated early on he had no desire for war with Britain or America. A certain group of business men/bankers convinced the US administration to squeeze Japan until they acted ( Pearl Harbor ). This was done in order to gain public support for entering the war in Europe. Americans did not want to fight another war until after the bombing of Pearl Harbor.

    The point of WW2 became the creation of the state of Israel. Many knew this then. Patton figured it out and look what happened to him when he would not play ball & stay quiet. Our government has no problem using our sons/daughters and brothers/sisters as cannon fodder. For any reason they choose. I served (USN), but when young people say they are signing up I encourage them to think long and hard about it. Our leaders to not deserve our lives for their agendas and the whims of the banking elite. Our country, our freedom and fellow US citizens however are worth it.

    As for the forthcoming brace laws from the ATF, they can bite me. We have to stop asking for permission to exercise rights granted us by the constitution. They will push and limit until we say enough and mean it. Biden said he would do this and guess what…? He’s doing it.

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