Is the ATF Banning Pistol Braces on AR Pistols? – FIS No. 35



Today the DOJ published a document in the Federal Register titled “Objective Factors for Classifying Weapons with Stabilizing Braces.” The ATF Notice claims to provide “guidance” about how the agency will classify pistols, based on “objective factors” to be used when determining whether pistol braces convert pistols into short-barreled rifles. While the NRA is silent, the GOA is already up in arms. What does it mean?

The document: https://www.federalregister.gov/documents/2020/12/18/2020-27857/objective-factors-for-classifying-weapons-with-stabilizing-braces

AmmoLand article: https://www.ammoland.com/2020/12/atf-to-publish-factors-for-classifying-guns-with-stabilizing-braces/#axzz6h0wOBhff

GOA statement: https://gunowners.org/goa-to-combat-at-every-turn-the-reckless-move-by-doj-to-regulate-braced-pistols/

source

46 thoughts on “Is the ATF Banning Pistol Braces on AR Pistols? – FIS No. 35”

  1. Be ready to call write and email your representatives when legislation is pending. They don’t care about opinions so much as numbers. Be courteous and to the point. Being rude or making threats would not be helpful.join GOA!

  2. Free men don't ask permission to do what they have the right to do or have what they have the right to have and use what they wish to use how they wish to use it. Freeman do not give up their rights. And the ATF has no right to make law.

  3. This is where we're at as a country right now. Guidelines have cancelled individuals rights without legislation to back them up. Guidelines are suggestions, nothing more. Guidelines to mask? A suggestion. Guidelines to distance? A suggestion. Guidelines to waive your rights? A suggestion. I have the strongest word against any violation of ones rights. NO.

  4. Next you’ll need a tax stamp for pillows and pipes. The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication. If you keep your sidearm next to your pillow, then it is a firearm silencer. I’ve seen it where people take two different diameters of iron pipe and build a working 12ga shotgun out of it (I’ll not say exactly how it’s constructed lest someone here try it and the FBI show up at my home, again).

  5. I posted one comment earlier and now posted this one:
    An employer may not ask or require a job applicant to take a medical examination before making a job offer. It cannot make any pre-offer inquiry about a disability or the nature or severity of a disability. If braces are not allowed, they cannot accommodate your disability if they need armed security when braces are illegal. The government cannot decide who is disabled, by law. At my age, just using self defense weapon may require a brace in the near future. Making braces illegal or requiring a tax stamp makes it extremely difficult on a fixed income.

    I want a written response to prove you gave due consideration to my input.
    [SUBMIT YOURS HERE:https://www.regulations.gov/comment?D=ATF-2020-0001-0001%5D

  6. you should look into the ma court case 2081CV02650 Cornell, Steve
    William vs. Burrows, Richard. One Messed up Case of police abuse of
    power to take guns. If this is allowed they will go for everyone's guns.

    @t

  7. As far as “Joe Blow public goes”, this is an enhancement charge if you use one of these weapons in a crime. If you have a run in with the ATF for a federal crime AND own a braced pistol, they will try to use the criteria to give you more charges. I don’t even know how you would end up on the ATF radar for a braced-pistol alone, but it wouldn’t stand in court depending on your lawyer. I’m not a lawyer lmao 😂.

  8. Wait a second. Trump weakened his own presidency and is continuing to do so, while idiots continue to pay him through his PACs.

    More importantly, your precious Trump did NOTHING but let the ATFs power, authority, and enforcement INCREASE over the past four years. All these ATF memos you quote were created and released under Trump as part of his administration. Please wake the f*ck up to this!

  9. "objective design features" ?
    Just because the ATF says something is "objective" does NOT mean it is
    "objective".
    For example, "Weight and Length" without specific weights or specific
    lengths does NOT equate to "objective" where the ATF reserves the right
    to make those determinations on a "case by case basis".
    "so heavy that it is impractical"? Hmmm objective standard there?
    "so long that it's difficult to balance"? Hmmm objective standard
    there?
    "difficult" Hmm objective qualifier?I think not.
    Caliber?
    Yes, THERE ARE .50 caliber pistols. And no, you do not HAVE TO USE a brace with them.

  10. Here are some Solutions to Government! Legalize Privacy, Freedom, & Liberty!

    01. Reduce the Size of Government by 10% a year for the Next 20 Years

    02. End all of the Warmongering around the world

    03. Cut all Spending by 15% (Real Cuts… NO BS)

    04. Close 990 of the 1000 Foreign Military Bases

    05. End All the "Aid" to Foreign Countries (No Buying off Governments)

    06. Get out of NATO and all Global Political Associations

    07. End all Tariffs and Sanctions

    08. Eliminate the "Tax Code" and Tax everyone and every company at 10% (Amounts above 50k) until the National Debt is Paid in Full then cut the rate to 2% (No Exemptions, No Subsidies, No BS)

    09. The FED shall be Abolished and the USA will go back on the Gold Standard

    10. Set a term limit of 3 terms in the House and 1 term in the Senate; eliminate all of the "Benefits" (It is a Part Time Job)

    11. All Congressmen (State & Federal) shall provide their TAX returns every year on April 15 and shall be published on May 1! To include an itemized list of all current assets with values and all Income with dollar amount and source!

    12. Facial Recognition shall be Illegal, All Spying, Data Collection, and Surveillance of US Citizens shall cease immediately! This shall be incorporated into the Bill of Rights! Any Violation shall be punishable by a Mandatory Minimum of 5 years in prison and 5 million dollar fine (Paid to the Victims).

    13. Eliminate All the "Bonuses" in Government Employment/Service

    14. Sell Amtrak or Close it

    15. The US Post Office shall NOT receive any more Government Funding or Government Rules/Regulations (It shall operate as an Independent Business or Close… the private sector will pick up the slack)

    16. All Federal Laws and Regulations shall be made by Congress (No Government Agency shall make Regulations or Laws… All Votes shall be on the Record!)

    17. The Federal Government shall NOT provide Funds to any State for any Reason except the Stafford Act (the States shall remain sovereign and Independent without Federal Pressure or Funding). The Federal Government Shall NOT Buy the State Blood Suckers to screw the pesky citizens that have had enough freedom. Federal Taxes shall be spent to operate the Federal Government ONLY.

    18. The Freedom of Information Act Statute shall be amended to be Free from all or any charges for FOIA request. No government body or agency may Charge for providing and fulfilling freedom of Information request. Any noncompliance by any government body or agency or person(s) shall be punishable by a Mandatory Minimum of 5 years in prison and 5 million dollar fine.

    19. End the 1033 Program! NO Military Weapons shall be used by the Police or any other government agency!

    20. Title 18 USC 241 Conspiracy Against Rights & 18 USC 242 Deprivation of Rights Under Color of Law… Needs to be amended: Punishment shall be a Mandatory Minimum of 5 years in Prison and 5 Million Dollar Fine (Paid to the Victims) including all reasonable attorney fees. Ignorance, misinterpretation, misunderstanding, or mistake of the LAW shall not be an EXCUSE or Defense by any Government, Agency, or representative thereof! This shall apply to all Governments… Federal, State, and Local. No Immunity!

    I am sure there should be more but this should take care of the vast majority of Federal, State, and Local Government Abuses!

    Albert Einstein – “The definition of insanity is doing the same thing over and over again, but expecting different results.”

  11. They are not "banning" or "taking away" your braces. They are creating an environment where most law abiding citizens (i.e. the vast majority of the gun community) will no longer purchase or use them. The only reason pistol braces have been selling like hotcakes (for the past 8 years) is that they allow usage of a short barreled rifle or shotgun without Title 2 registration.

    Read the DOJ/BATF letter … How many pistol brace owners are going to evaluate all of the attributes listed below and determine that they are not a felon??
    Type & caliber,
    Weight & Length,
    Attachment method,
    Length of Pull,
    Brace design features,
    Aim Point,
    Secondary Grip,
    Sights & Scopes,
    Eye Relief,
    Barrel Length,
    Peripheral Accessories,
    etc.

    And how do you know that Law Enforcement and the ATF will have the same determination???

    Nobody is "coming for your guns." Rather, a regulatory environment is being slowly created such that citizens no longer purchase or use them. Sure, you can hide your guns in your basement… but what's the point of that??? Imagine a Golf Player that has to hide his clubs and tell people that "he lost them in a boating accident!"

  12. Shall not be infringed. Why don't we place the scumbags under citizens arrest? Next time a POS cop violates my rights I'm going to arrest him and call 911. How can we delegate authority that we ourselves don't have? We can't, we have the authority.

  13. There it is, “Obama Era”, what did they do, what gun rights did we loose during 2008-2016???? Dude just a mouth piece like all the other channels, just want to make money on YouTube scaring folk via the net!!!!!

  14. We are not the government subjects…who in the hell gives them Power to abuse and control other human beings….these laws are deprivation of rights under colour of Law..us.18 241-242…..no man has a greater authority over your life and property than YOU…..WE THE PEOPLE DO NOT NEED OVERLOARDS…WE HAVE GOD,GUNS,AND GOODWILL…..

  15. So, Alex from SB Tactical did a live chat with The Gun Collective and at the 34 minute and 15 second mark Alex says he and his attorneys pushed a demand to the DOJ to push the ATF’s hand on defining how they interpret the law re braces. So this is all likely a result of that action.

  16. I think it’s fantastic. You couldn’t ask for better evidence that the NFA is unconstitutionally vague. Literally, the agency responsible for enforcing the law can’t define it. So much so that when pressed they put out a big document to essentially say they’ll know it when they see it.

  17. Under 18 USC 241-242, the ATF is a criminal organization which was appointed by a subversive foreign government to deprive American citizens of their ABSOLUTE right to bear arms, according to the letter of the law. The spirit of that same law must also be ABSOLUTE to correlate with the letter of the law, thereby creating a complete law, by combining the letter with the spirit. Where the letter does not exempt any American citizen from exercising their GOD-GIVEN second amendment verified right to bear arms, neither can the spirit of the law exempt any person from adding, or subtracting, any accessory, to or from their arms, which will enhance the performance of said arms. It is a paradox, in a free society, to give any credence to any anti-gun/anti-accessory law which any governmental entity may try to foist upon a free society, and any tyranny being committed by any unauthorized organization, such as the ATF, is unconstitutional, and contravene to the Bill Of Rights. Pfuk Pfizer and Pfuk bad cops. The ATF is no less than the Nazi gestapo, which, if left alone to exist, will never befriend patriots, because they are not patriots themselves, but are the primal enemies of all patriots, and such is the case also of unpatriotic communist cops, and other associated idiots. We are tired of government sticking their greedy paws into the affairs of patriots. The Bill of rights are the rights of we, the people, not them, the tyrannical portion of government. The power of the government is derived from the consent of the people, and there has never been a real patriot that would ever knowingly give their Constitutional rights away to anyone, especially to a covert tyrannical mob.

  18. I just now submitted he following comment:
    These rules are void-for-vagueness (DUE PROCESS) because they
    1) prong 1 – demonstrate lack of implicit standards to provide constitutionally adequate notice of what is prohibited
    2) prong 2 – demonstrate constitutionally deficient standards to guide discretion of enforcement
    AND
    arbitrarily reclassify protected arms (SECOND AMENDMENT) to allow unconstitutional restrictions to be placed on them

  19. The proposed rule change is far worse than discretion to give a speeding ticket without any bright line clearly defined speed limit. You cannot be made a felon and imprisoned for up to 10 years and/or bankrupted for a simple speeding ticket. There is no simple non-criminal mechanism to clear up any disagreements between the public and enforcement regarding a pistol with a brace acquired in good faith. If you get charged with a brace being a SBR violation, you will be in serious legal jeopardy.

    The classification criteria should be so clear that 10 people generally familiar with firearms should be able to look at 10 SBR/Pistol with brace test samples and come out with the same classification as the BATFE well over 90% of the time.

    NFA tax stamp registration without any fee is a slippery slope that may pave the way for many new additions to NFA registration. Will all semi-auto rifles be next? Even if the scope of registered NFA items does not increase, there will be a huge increase of the number of items registered which presumably would require a huge increase of the BATFE and its budget. Registrations would be bottlenecked without the increase of resources.

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