Denver, Colorado — September 8, 2021 — Today, MSLF’s Center to Keep and Bear Arms (CKBA) filed formal comments opposing the Biden Administration’s proposed rule that would effectively ban millions of legally purchased and legally owned pistol braces. This proposed reversal of federal regulation would expose millions of peaceable Americans to criminal liability and prison time based on a new set of standards that are vague and incoherent.
In an arbitrary move that contradicts the plain meaning of federal law, as well as longstanding federal standards, the Department of Justice (DOJ) is seeking to redefine many pistols with stabilizing braces as “short-barreled rifles,” by a rule proposed for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in June 2021. Owners of these newly redefined guns would be subject to an incredibly stringent set of registration requirements and taxes — as well federal felony convictions and a permanent forfeiture of their gun rights for any wrong step.
Relying on past ATF guidance, upwards of 7 million people have lawfully acquired millions of pistol braces since their introduction in 2012–13. Stabilizing braces—designed to provide support for frail or disabled individuals while firing—are not stocks, which attach to a firearm for the express purpose of firing from the shoulder.
The Biden Administration’s newly proposed rule is inappropriately restrictive, confusing, and dangerously open-ended in what it could permit ATF to control and prosecute, according to CKBA’s Director, Cody J. Wisniewski. “Millions of pistol braces have been sold to peaceable Americans, and ATF previously made it clear—several times—that this item would not change a weapon’s legal status. Now the Biden Administration wants to impose new regulatory requirements, taxes, and harsh criminal penalties—under a rule so ambiguous and open-ended that it’s impossible to be sure whether one is complying or not,” said Wisniewski. “Americans should not be made felons on the changing whims of the federal government, or of a particular administration—but that is exactly what is happening here.”
CKBA is hopeful that the administration will abandon this effort without publishing a final rule—an unlikely, but possible outcome, especially given the more than 180,000 public comments already submitted to the agencies. Any final rule will be carefully scrutinized by CKBA, which is keeping all legal options open.
“This kind of gross overreach of executive power cannot stand,” concluded Wisniewski. “Americans don’t need more federal regulations—they need access to the most effective self-defense tools to protect their lives and the lives of their loved ones.”
Follow this link to read CKBA’s comments.
Follow this link for more background on the issue.