It’s Time: Make Yourself Heard RE ATF’s Latest Attack on Pistol Braces

 

ATF’s draft of its planned “Objective Factors for Classifying Weapons with Stabilizing Braces” document (discussed in detail HERE) has now been published and the brief public comment period is officially open. NOW is the time to provide your feedback. See below for details on how to do so and, please, do it.

The stated purpose of this comment period is to provide guidance, feedback, and/or commentary on ATF’s draft “objective factors” document and “on the use of the objective factors listed in this document.” Taken at its word, ATF will be reviewing all properly-submitted comments that do not contain “excessive profanity” and will take them into consideration when crafting its final guidelines document. If 200,000 people say these “objective factors” are absolutely not objective (in addition to being absurd and wrong), perhaps some good can come of it.

As if this proposed document isn’t bad enough — again, read our rundown on it HERE to get up-to-speed — unlike the normal 60-day period for which the .gov solicits comments from the public, ATF has elected to accept comments on this docket for just 17 days. Shocking that it just happens to be the 17 days beginning the Friday before Christmas and running a couple days past New Year’s (Dec 18 through Jan 4). What utter horses**t.

On the bright side, one reason ATF is able to get away with such a short comment period is that this document is simply interpretation and guidance. It is not a rule, a regulation, or a determination, nor is it a law, a proposed law, or a change to any law or departmental authority. All of which is explicitly stated in the document itself. It is supposed to be a clarification of how ATF interprets and has interpreted existing law.

Regardless, as the “clarification” is vague, confusing, and restrictive we must fight this overreach and we can and will begin to do so by taking [at least] the following actions:

• Take part in the public comment period by submitting a comment here: https://www.regulations.gov/comment?D=ATF-2020-0001-0001 (during your comment submission, you can elect to receive email notifications of any newly-posted documents related to this docket, including publication of the final rule along with ATF’s responses to comments.)
• Call the White House Comments Line and demand that the administration stop ATF’s overreach: 202-456-1111
• Email the White House with the same message: [email protected]
• Call AND email your representatives:
→   Senate: https://www.senate.gov/general/contact_information/senators_cfm.cfm
→   Congress: https://www.house.gov/representatives
• Call your mom; she’d love to hear from you

If you need some inspiration, here are a few topics to use as a starting point for your comments and emails:

• ATF’s proposed “objective” guidance is vague and highly subjective, with no quantifiable metrics. It increases confusion and fear among legal gun owners and manufacturers rather than provides clear guidance to follow.
• Many of ATF’s “objective factors” are non-sensical and self-contradictory with previous ATF rulings. For instance, ATF has always affirmed that resting one’s cheek on a pistol’s receiver extension (buffer tube), stabilizing brace, or pistol cheek rest (example) is entirely legal and acceptable. How, then, can the use of optics designed for this cheek placement create an illegal configuration?
• Many of ATF’s “objective factors” would directly discriminate against individuals based on physical stature and physical abilities, such as the very subjective “so heavy that it is impractical” weight limit. This factor is entirely vague and undefined, and would clearly violate equal protection of the laws under the 14th Amendment, the Civil Rights Act, and the Americans with Disabilities Act.
• This is a direct attack on disabled Americans who have difficulty controlling a large format pistol due to injury or other disability, such as the disabled combat veterans for whom the pistol stabilizing brace was originally invented.
• ATF states that the purpose of the National Firearms Act is “to regulate certain weapons likely to be used for criminal purposes.” With approximately six million pistol brace-equipped firearms in private hands in the United States and literally one known criminal act committed with such a firearm, it’s clear that in no way do these guns belong in the purview of the NFA.
• In point of fact, the United States is the only country in the world to specifically restrict rifles based on barrel length, further proving that the entire concept of “short barreled rifles” requiring unique regulation is not based in fact or reality. These firearms are not “likely to be used for criminal purposes” and do not belong in the purview of the NFA.
• Clear infringement of the Second Amendment
• ATF’s unclear, secret, capricious, and ever-changing rulings related to pistol braces created this situation. Not only do these new, vague guidelines not help in any way, it is unreasonable to retroactively apply them to persons who followed previously-published and even unpublished guidelines in good faith in the past.
• Forcing law-abiding gun owners who might be in violation of these subjective, unclear new rules to register with the National Firearms Act or destroy their legally-purchased property is unreasonable.
• What else do you have? Comment below this article with other topics and avenues of attack on ATF’s latest rogue, ridiculous action.

Do it. Comment, call, and email all channels. It does matter. We must fight this blatant, arbitrary, and capricious infringement of our rights.

 

comments

  1. avatar possum says:

    Well that’s just dumb, looks to me by the time you got that all strapped on the bad guy would already be gone. Seems like that would be a good thing.Bad guys get away, no no bail, no ride in a cop car, no go to jail visit your buddies, no have lunch, back to the street.

    1. avatar Steve says:

      Nobody sees the endgame here. After you register you pistol as an SBR, you will be registering all your semi-autos and magazines. You will get the same free offer. With the same legal restrictions, and if you want to sell, the purchaser will pay the tax. After an extended wait. And if you die and will your guns. But at some point an AWB will come, and they will know where every single on is when they decide to round them up in Harris’s second term. You laughing boys who a chiding us for our silly workaround will have your day in the barrel. ATF made the rules, we followed them. See what it got us? You will get yours, I promise you.

      In Washington, a marlin 60 .22 with a tube magazine is an assault weapon. An AR-15 can’t be banned without a new law. It can be re-classified by ATF as NFA in a heartbeat. The same with your magazines. There are a million or more braced pistol owners out there. ATF took out bump stock owners. Now, braced pistol owners. Next, binary trigger, after that shockwaves and Tac-14’s. Then mags and semi-autos. Rifles chambered in .50BMG? forget it An illustration that when you allow them to divide gun owners into classes, and pit them against one another THEY win.

      I’m old enough to have experienced when they came after HANDGUNS. Stop screwing with each other and start protecting each other’s interests.

      This ATF letter is especially insidious. Because no matter how compliant anyone might think their braced pistol is, there will always be room for ATF to rule differently, and quite arbitrarily. It sets up the expedited registration system, and will obviously fund it. That system will NOT go away. This is simply a test run for reclassification of semi-autos placing them all under NFA rule

      1. avatar rt66paul says:

        And these arbitrary rules will keep their jobs and expand the ATF into an even more bloated government entity.

        Your tax dollars at work.

    2. avatar Prndll says:

      There is no reason for anyone to actually believe that braces are good self defense items.

      That really isn’t what this is for (or at least shouldn’t be advertised as such).

      The biggest question is who in the ATF, BATFE, or whatever has the power to make law regarding all this stuff? I’m getting tired of being forced into submission by decree. There are too many people acting like they have the authority when they don’t. Then those that do sit quietly by and let it happen. The same thing happened with the 2020 election. We are being run by unelected idiots.

      1. avatar Chris T in KY says:

        Well we have a government stooge. Thanks for self identifying.

    3. avatar Matt in Oklahoma says:

      The original intent was so handicapped people could enjoy shooting as well. It’s wasn’t intended as a speedy solution to self defense.

      1. avatar Steve says:

        So what? Is that your entire rationale that you will use until they come for you and your stuff? (hint, they will).

        1. avatar Montana Actual says:

          Not sure what you are arguing… all they did was share the original intent.

      2. avatar The Destroyer says:

        I have worked in the firearms industry for 20 years. I was injured in an unfortunate accident 8 years ago. Pistol Braces make shooting accessible and fun for me again. Does the BATFE not realize that banning pistol braces is a BLATANT violation of the Americans With Disabilities Act???

        1. avatar Cam says:

          Do you think they care? No one who cares about the second amendment goes to work for the ATFE. They’re whole job is unconstitutional from day 1.
          So why would They care about stepping on any rights?

    4. avatar Jules says:

      English, possum! Do you speak it?

      1. avatar Darkman says:

        NO…He speaks possum. You must be new here. He sorta grows on ya.

        1. avatar Montana Actual says:

          in like a “i just got bit by a rabid possum” kind of way, yes, he does. jk, he’s actually kind of enlightening around here.

    5. avatar The Crimson Pirate says:

      Well, Possum, in such an emergent situation just put it to your shoulder. Strapping it on is for the range. 😉

      1. avatar possum says:

        But that’s illegal, if you brake the law they’ll take your unlawful gunm

    6. avatar Craig in IA says:

      “Make Yourself Heard RE ATF’s Latest Attack on Pistol Braces”

      Boys: I think Jeremy wants you to make yourselves heard to the ATF…

      Posting BS here, true, false, positive or negative is preaching to the choir and has no affect what-so-ever on the issue at hand. Go to the page and leave something coherent to those who propose and make firearms regulations that affect us all. Warning/disclosure: you’ll have to leave your info with ATF to make the comments. I’ve already done it on this issue and in the past. No one’s come for my stuff yet. Be brave, boys.

      1. avatar The Destroyer says:

        I just left my comment on the regulations (dot) gov website – just like I did during the attempted M855 ban a few years ago. Guess what? We WON that one… WITH an anti-gun Democrat in office… so no excuses – FLOOD THEM with Pro-2A, rational and thoughtful comments on why Pistol Braces should NOT be banned or face further regulation! It takes 60 seconds…

  2. avatar ORCON says:

    Never go full RE…

  3. avatar Rando says:

    Never mind they admit there is no pressing public safety interest…

  4. avatar guy says:

    I sent mine and will be contacting my representatives this weekend. I dont own a brace, pistol AR or Ar rifle but it’s a right that should be protected.

    1. avatar Craig in IA says:

      “…it’s a right that should be protected.”

      Thank you! Finally someone gets it and actually has contacted ATF. How about the rest of you worthies?

  5. avatar Wedge259 says:

    I commented. Hope that they will receive hundreds of thousands, if not millions of comments to sift through. Remember to be polite and professional, as profanity laced comments will be rejected outright. A shame that we’re even at this point, but I think this may be a positive for us in the end, this may be the thing that is finally a bit more of a bite than the ATF can chew. Im hopeful anyway.

  6. avatar Cult Member says:

    Go ahead and comment, but note that it won’t matter other than posterity. There was also a comment period on the ATF declaring something not a machine gun, by legal definition, to be a machine gun at the direction of Trump. The result is already set.

    Thanks Trump. Truly, our 2A Lord and Savior as was prophesized by very wise men.

    1. avatar Steve says:

      Well you just quit then. Quit everything. Quit life altogether. I see people like you everywhere. Camped out under freeway overpasses.

      1. avatar Cult Member says:

        Weird. Where I live, we don’t have people living under freeway overpasses or even homeless problems.

        Sorry about your community.

        1. avatar Steve says:

          Since you give up so easily, I believe you will become the trendsetter in your area.
          Or perhaps run for office as an establishment GOP candidate.

        2. avatar Jeremy S. says:

          @ Cult Member — there was also a comment period on the .gov reclassifying M855 as armor piercing pistol ammunition and completely banning it, and the comments and reaction to that proposed rule killed it. We still have M855 and it was literally due to the public comments, which made ATF decide not to “issue a final framework”:

          https://www.thetruthaboutguns.com/breaking-atf-backs-down-on-m855-ban-for-now/

          https://www.washingtonpost.com/news/wonk/wp/2015/03/10/how-angry-gun-owners-shouted-down-a-ban-on-armor-piercing-bullets/

        3. avatar Craig in IA says:

          “@ Cult Member — there was also a comment period on the .gov reclassifying M855 as armor piercing pistol ammunition and completely banning it, and the comments and reaction to that proposed rule killed it.”

          ^^THIS^^ And thanks for the original posting, Jeremy.

          All the constant bitching about ATF around the site and when you actually get a chance to TRY to do something about them and their policies, most just sit around and keep bitching to each other.

          For those who have entered logged comments with ATF: CONGRATS ! At least we may have made a difference. I’d be out about a minute 35 seconds.

          Those of you too scared, lazy or whatever the hell else keeps you from acting: get out there and bury your guns deeper. Wow…

  7. avatar No one of Consequence says:

    Sent in my comments, and will be writing my (useless) representative and (even more useless) Senators this weekend.

  8. avatar Phil LA says:

    I tried to post a comment but found that somebody from Detroit already commented for me.

  9. avatar Shire-man says:

    Commenting worked so well when they did this for bump stocks. Twice.
    When my reps, senators and the ATF hate me what’s the point in any action other than scorched earth?

    1. avatar Steve says:

      1. Posterity.
      2. Moral obligation.

      You go to war very deliberately, and as a last resort. And if you fuck it up, history is going to take a dim view of you.

  10. avatar Debbie W. says:

    This brace bs receives the same sentiments as the raid on Gibson Guitars over exotic wood during the era of the self serving lord marshal b.h. obama.
    Most likely there are only a few people behind this mealy mouth nitpicking crap and like such crap follow the money trail back to some pos nazi like der fuhrer mini mike bloomberg. What Filth.

  11. avatar Geoff "I'm getting too old for this shit" PR says:

    “• This is a direct attack on disabled Americans who have difficulty controlling a large format pistol due to injury or other disability, such as the disabled combat veterans for whom the pistol stabilizing brace was originally invented.”

    That’s how to attack it in court. The ‘Americans with Disabilities Act’ has some real teeth in it to force compliance…

    1. avatar GunnyGene says:

      So the ATF comes back and say’s you can only have a brace if you don’t have 2 arms; and yes that prosthetic counts as an arm.

  12. avatar Gadsden Flag says:

    My dad was handicapped by polio since he was eight years old. I buried him September a year ago. The only brace he needed was on his left leg. And crutches. And a wheel chair. That said, he taught me to hunt, shoot and fish. He was the only one that didn’t know he was crippled. He didn’t need a pistol brace, or a bump stock. Still they shouldn’t be illegal. I have friends that one them. But, really, let’s call them what they are. A novelty. Nothing to be taken seriously by POTG.

    1. avatar JoshinTX says:

      Dude. Not one more inch. We can’t just let the ATF keep ratcheting away on us. We didn’t fight like hell over the “novelty” bump stocks, then we lost them. Now you want to roll over and not fight them on the “novel” pistol braces. Tomorrow they may decide to take away the “novelty” high capacity magazines. Nobody really needs that much, it’s just silly after all.
      At what point will you actually live up to your namesake and tell the ATF to stop treading?

    2. avatar X marks the spot says:

      I don’t believe any of that, fudd.

      Next you’ll tell us about more of your fantasy law enforcement exploits while reminding us that real hunters don’t need 30 round magazines.

      1. avatar Gadsden Flag says:

        X, you misunderstand. I have absolutely no problem with those novelties. After all, the founding fathers didn’t write the second amendment because the deer were coming. I just have a hard time taking a bumbling stock seriously. Maybe because I was issued real full auto weapons all my life and they have no mystery for me. Or, maybe I’m just a proud FUDD. Put my M-1 rifle up against a plastic weapon any day. Or my H&K. Or my ’03. Or my Galil. Or any number of other weapons I have that don’t begin with AR or G. You idiot.

        1. avatar Frustrated in VA says:

          Gadsden,

          As soon as the term “plastic gun” came outta your mouth, you just labeled yourself a fudd. Lemme guess… approx. 65-75 years old, still suspicious of anything made in the last 30 years, and still don’t realize that those plastic guns have been doing well for about 50-60 years now. If you carried one in the early days, then you may know the jamming and excess fouling was due to shitty powder, and people not knowing how to take care of them. I’ve carried one of those plastic guns in some real sandy places over the last 20 or so years, and as long as I took care of it, it took care of me…..

    3. avatar possum says:

      Sorry to here that Gadsen Flag, sounds like you had a good Dad.

      1. avatar tsbhoa.p.jr says:

        indeed.

    4. avatar Pcn says:

      Funny how someone masquerading as a 2A supporter with a name like Gadsden Flag could be such a weenie and promote rolling over like a little [email protected]#h

      1. avatar tsbhoa.p.jr says:

        indeed.

  13. avatar Gadsden Flag says:

    Sorry for the typos. It’s rifle season here. Been up since 0300 hrs.

  14. avatar Scott C. says:

    “ It is supposed to be a clarification of how ATF interprets and has interpreted existing law.”

    News flash, it’s not up to the ATF how they interpret the law, period. It’s not our fault, nor our problem that the law was written vaguely (on purpose) and poorly, which btw is void under the vagueness doctrine. ATF, you want the law interpreted? Good, go get it from the courts, it’s their job to interpret law.

  15. avatar Mikey says:

    Whatever happened to “ex post facto”? You can’t be guilty of an action if a law is passed after you did the action.
    Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3 (with respect to federal laws) and Article 1, Section 10 (with respect to state laws).
    With the afore-mentioned 6 million braces sold, 16 million AR’s in circulation (or more) and a gazillion standard capacity magazines in possession, how in the world can we not apply the spirit or the letter of the law in these cases?

    1. avatar Steve says:

      Understand this: We are now in post-constitutional America. The republic is dead. You have been denied all avenues of redress of grievances.

      The is no “law”.

      There is only force, and how much they are willing to use against us.

      Or us, against THEM.

    2. avatar strych9 says:

      It’s not an ex-post facto law.

      1) It’s a bureaucratic rule that just happens to carry the weigh of law because Congress is lazy and can’t do it’s job.

      2) An ex-post facto law (or rule) is punishing you for something you did before the law became a law. In this case it’s mandating that you stop a behavior after a certain date and assigning a punishment if you don’t comply. An ex-post facto law (rule) would say you’re guilty for having possessed such and such item at any point in the past. This says you can’t continue to possess it after a date in the future.

      As such it’s regulating behavior going forward, not backward and it’s not an ex-post facto law (rule).

      1. avatar Montana Actual says:

        Congress isn’t lazy, or can’t do their job… they simply won’t do it.

        Their entire reason for not hearing the voter fraud charges is they are scared about more riots and such when they prove Trump actually won.

        Then entire reason they won’t just end the gun debate that has been taking place for hundreds of years is because it lines their pockets.

  16. avatar pissed off citizen says:

    we also have eligibility rules in the constitution about who can and who cant run for the office of president and vice-president ,,,,, and kommie harriass aint eligible … they will completely ignore the constitution . we will completely ignore the worthless rules they decree……………………………….
    So be it .
    let the battle be joined
    we own the weapons
    power comes from the barrel of a gun,,,, not from twidiotter or gooble or fakebook

    1. avatar FedUp says:

      What we know about Ms Harris’ parents:
      They met when they were visiting here on student visas.
      They later became citizens.

      What I don’t know is their status on the day she was born.
      They might have been:
      1. student visitors (probably not parents of a natural born citizen)
      2. immigrants (I’d say this makes her a natural born citizen)
      3. illegal aliens (definitely not parents of a natural born citizen)

  17. avatar Andrew lias says:

    The process IS the punishment.

  18. avatar Chris T in KY says:

    I’m still waiting for the Libertarian Reason magazine to write an article, about this government violation of human rights.

    I’m not holding my breath.
    But they do say there was no election fraud. You see. The Libertarians really do trust government after all.

  19. avatar Serpent_Vision says:

    “The type and caliber of firearm to which the stabilizing brace or similar item is installed. A large caliber firearm that is impractical to fire with one hand because of recoil or other factors, even with an arm brace, is likely to be considered a rifle or shotgun.”

    Since Thompson Center offers the Encore in .308, we can assume that .308 and anything less powerful is a suitable pistol caliber?

    1. avatar Quest says:

      The question is impractical to whom? I know a lot of burly men that could fire a .308 brave. Does that not make my wife a felon, if she handles or buys the same gun?

      These standards are clearly asinine, and like pornography, you know it when you see it. And a such, he govt. needs to take a hands off vote to these manners, lest the law be administered in an unfair and arbitrary fashion.

  20. avatar The Crimson Pirate says:

    Additional comment material;

    There will be massive non compliance. This will create a situation in which otherwise law abiding citizens are at odds with and in danger from law enforcement. And law enforcement is in danger from them.

    This illustrates the ineffectiveness of the NFA and the fact that the NFA is entirely misdirected for the purpose of fighting actual crime, IE crime involving harm to another person or their property.

    1. avatar Docduracoat says:

      That is a feature, not a bug

  21. avatar 24and7 says:

    Their mind is already made up what they’re going to do… might as well not waste any time typing… they are following orders from camel toe and groping Joe.. Trump should have fired them immediately for collusion with them…So get ready to turn in your braces…

    1. avatar Steve says:

      Should we turn in out M-855 green tip also? We stopped that one in the public comment period.

      1. avatar Mark H says:

        Re: Green Tip. Did we though? Yes there was a flood of input, but there was also a letter signed by 52 senators and (I believe) a majority of the house.

        I suspect ATF cares a lot more about the folks who write the checks than us peasants.

        1. avatar Steve says:

          Well you do you then. If being you means making excuses, give it hell.

  22. avatar Canon says:

    Thanks for explaining this encroachment by the ATF and the call to action. I don’t have an AR Pistol but they’re coming for all of us at some point. I’ve publicly commented on the ATF portal noted in the article, written the White House and, as we know the President watches Fox News, written fellow gun owner Tucker Carlson suggesting he have Colion Noir on and Trump Jr. in an attempt to get the President’s attention. I haven’t written my representatives yet because, well, they’re Communists (I live in NY) but I may even do that. We need to make it clear where we stand.

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