SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is announcing the withdrawal of a notice and request for comments entitled “Objective Factors for Classifying Weapons with ‘Stabilizing Braces’,” that was published on December 18, 2020.
Upon further consultation with the Department of Justice and the Office of the Deputy Attorney General, ATF is withdrawing, pending further Department of Justice review, the notice and request for comments entitled “Objective Factors for Classifying Weapons with ‘Stabilizing Braces’,” that was published on December 18, 2020. 85 FR 82516. As explained in the notice, the proposed guidance was not a regulation. The notice informed and invited comment from the industry and public on a proposed guidance prior to issuing a final guidance document.
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The BATFE (Bureau of Alcohol, Tobacco, Firearms and Explosives) recently released information on how they will be determining the legality of Pistol Stabilizing Braces and whether they should fall within the National Firearms Act. There are countless concerning angles to this topic, but we will try to get straight to the point.
The most recent notice outlines criteria that are judged purely on subjective determinations as opposed to definitive statements that clearly identify what does or does not constitute a legal configuration of a braced firearm. This leaves both firearms manufacturers and owners at the mercy of ad hoc judgement of the BATFE. It allows for case by case determinations by individual agents in which no manufacturer or gun owner, let alone the agent themselves, can reasonably know what is legal or illegal.
Under Pressure, ATF Rescinds Pistol Brace Notice Federal regulators on Wednesday reversed their course on a controversial notice about firearm stabilizing braces in at least a temporary win for the Second Amendment community. Five days after the Bureau of Alcohol, Tobacco, Firearms and Explosives posted the 15-page notice and request for comments in the Federal Register, igniting a firestorm of criticism, the agency backpedaled and withdrew it. The action mimicked the rapid reversal on the proposed regulation on M855 Greentip ammunition in 2015 that saw a similar outcry. Upon further consultation with the Department of Justice and the Office of the Deputy Attorney General, ATF is withdrawing, pending further Department of Justice review, the notice and request for comments entitled Objective Factors for Classifying Weapons with ‘Stabilizing Braces’,” said Marvin G. Richardson, ATF s Associate Deputy Director. As explained in the notice, the proposed guidance was n
ATF Brace ‘Factors’ Feign ‘Understanding’ Backed Up by Future Threat Ammoland Inc. Posted on
SB Tactical SBPDW and SBM4 Braces IMG SB Tactical gallery
U.S.A. – -(Ammoland.com)- “ATF recognizes that before issuance of this notice, there was a misunderstanding by some that a pistol assembled with any item purported to be a stabilizing brace still would be considered a ‘pistol’ regardless of other characteristics,” the Bureau of Alcohol, Tobacco and Firearms admits in its “Objective Factors for Classifying Weapons with ‘Stabilizing Braces’” rulemaking proposal, posted and accepting comments now at Regulations.gov. “The objective factors discussed here make clear that while some stabilizing braces may lawfully be used on pistols without bringing the firearm within the purview of the NFA, that is not necessarily the case for every ‘pistol’ because some firearms are configured or have characteristics such that they meet the statutory definition of