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URGENT! September 8 Deadline Last Chance to Submit Comments on Proposed Rule for Stabilizing Braces

Monday, September 6, 2021

URGENT! September 8 Deadline Last Chance to Submit Comments on Proposed Rule for Stabilizing Braces

In June, ATF published a new notice of proposed rulemaking on its website entitled Factoring Criteria for Firearms with Attached Stabilizing Braces. If implemented, the new rule could impact millions of law-abiding gun owners.  If you want to help stop the biggest gun grab in American history, submit your comments on or before this Wednesday, September 8.

The rule seems aimed at making nearly all configurations of firearms equipped with stabilizing braces subject to the taxation and registration requirements of the National Firearms Act.

Since 2012, ATF has recognized that stabilizing braces serve a legitimate function and the inclusion of a stabilizing brace on a pistol or other firearm does not automatically subject that firearm to the provisions of the NFA. Thats because stabilizing braces were first designed and intended to help disabled veterans fire large format pistols.

While ATF estimates that there are approximately three million pistol stabilizing braces, even other portions of the United States government recognize that this is a vast undercounting of the number of pistol braces currently in circulation. A report by the Congressional Research Service puts the estimate much higher, at 10 to 40 million pistol stabilizing braces. With so many in circulation, effectively banning firearms with these devices attached would be the largest confiscatory firearm regulation in the history of the United States.

You can help stop this proposed rule by filing a comment.

These are ATFs instructions for submitting comments:

You may submit comments, identified by docket number ATF 2021R-08, by any of the following methods—

  • Federal eRulemaking Portal: www.regulations.govFollow the instructions for submitting comments.
  • Mail: Denise Brown, Mail Stop 6N-518, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Ave. NE, Washington, DC 20226; ATTN: ATF 2021R-08.Fax: (202) 648-9741.

Instructions: All submissions received must include the agency name and docket number (ATF 2021R-08) for this notice of proposed rulemaking (NPRM” or proposed rule). All properly completed comments received will be posted without change to the Federal eRulemaking portal, www.regulations.govincluding any personal information provided.

ATF also provided the following contact information for any questions regarding the proposed rule:

Denise Brown, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Ave. NE, Washington, DC 20226; telephone: (202) 648-7070 (this is not a toll-free number).

In addition to these technical requirements, its important to keep the following in mind when submitting comments.

  • Comments must be professional and respectful. While it is extremely frustrating, to say the least, that the Biden Administration is attempting to confiscate lawfully acquired firearms, making comments that include profanity will make it easy for ATF to summarily reject those comments.
  • Comments should focus on the arbitrary nature of the proposed rule. The fact that it is essentially impossible to determine when firearm is legally a pistol or a short-barrel rifle makes the proposed rule incompatible with American principles of due process of law.
  • Comments should be individualized and focus on how the proposed rule would impact the commenter. ATF will treat all identical comments as a single comment, so it is important to avoid using a form comment.
  • This is a separate rulemaking from ATFs plan to change the definition of frame or receiver. Even if you already commented on that rule, make sure to comment on the proposed rule on stabilizing braces as well.

Comments on the stabilizing brace proposed rule can be submitted directly through regulation.gov.

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