US President-elect Joe Biden on Thursday nominated Indian-American Vanita Gupta to be the associate attorney general and roped in Judge Merrick Garland for the position of attorney general. He also announced the nominations of Lisa Monaco as deputy attorney general and Kristen Clarke for assistant attorney general for the Civil Rights Division. Our first-rate nominees to lead the Justice Department are eminently qualified, embody character and judgment that is beyond reproach, and have devoted their careers to serving the American people with honor and integrity, Biden said. They will restore the independence of the Department so it serves the interests of the people not a presidency, rebuild public trust in the rule of law, and work tirelessly to ensure a more fair and equitable justice system, he said.
NRA-ILA: The ATF Withdraws Pistol Brace “Guidance” Ammoland Inc. Posted on
The ATF has withdrawn their post on classifying stabilizing braced firearms after catching enormous flak from gun owners and politicians alike. IMG NRA-ILA
The withdrawal notice indicates that “[u]pon 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.”
The withdrawal notice came only hours after Rep. Richard Hudson (NC-08) and 89 other Congressional Representatives sent a letter to ATF asking the agency to “immediately take action to correct this injustice.”
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.