WASHINGTON, D.C. –-(Ammoland.com)- The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) published a new final rule to the National Registry.
The new rule is not the long-awaited frames or pistol stabilizing brace rule. The ATF rule deals with the availability of secure gun storage or safety devices at licensed gun dealers and the definition of an “Antique Firearm.” The rule was proposed five years ago, on May 26, 2016, but now has just been finalized and published to the National Registry. There is nothing earth-shaking about the new rule for private gun owners. The new regulation primarily applies to federal firearms licensees (FFL).
The definition of an “antique firearm” had the wording for rifles changed from “the explosive in a fixed metallic cartridge” to “an explosive.” Likewise, the language for a shotgun was changed from “the explosive in a fixed shotgun shell” to just “an explosive.” This change, although seemly minor, would move muzzle loading devices and flintlock pistols made before 1898 to the “antique firearms” category.
The ATF states that the new rule “amends ATF’s regulations to account for the existing statutory requirement that applicants for Federal firearms dealer licenses certify that secure gun storage or safety devices will be available at any place where firearms are sold under the license to non-licensed individuals.”
FFLs must maintain useable safety devices for all firearms for sale.
For example, a trigger lock would not be adequate to secure an NAA Mini Revolver because it would not fit on the revolver. A lockbox would work, or a lock that goes through the frame with the cylinder removed from the gun would also suffice. The rule would also extend to importers and firearms manufacturers that sell directly to non-licensees at a physical location.
The rule only received four comments from the public compared to the half a million comments the ATF received for the two most current rule change proposals. The ATF responded to the comments in the rule change published to the National Registry. In response to one comment, the ATF references “Chevron deference.” This method is the same deference the ATF has used to ban bump stocks and plans on using to write the new rules, which many see as creating new laws without Congressional oversight.
The ATF responded to one comment by stating:
“When a court is called upon to review an agency’s construction of a statute it administers, the court looks to the framework set forth in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). The first step of Chevron review is to ask “whether Congress has directly spoken to the precise question at issue.” Id. 842. “If the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress. If, however, the court determines Congress has not directly addressed the precise question at issue . . . the question for the court is whether the agency’s answer is based on a permissible construction of the statute.”
The rule will go into effect on February 3, 2022.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
The atf should likewise spend another 5 years reviewing the comments for the pistol brace and rifle redefinition proposed rules… and then throw both rules in the garbage where they belong. Neither is Constitutional and both are clear violations of the 2nd amendment in addition to usurping the authority of Congress to pass criminal laws, and create laws and define words in statutes.
Why not just get rid of BATFE, altogether?
I would almost agree but they do serve a purpose, but that purpose has been expanded to justify their expanded existence and staff. Currently they are rearranging the deck chairs to toss the people sitting in them overboard. There is zero logical reason to make suppressors difficult to have or the insanity of so called SBR’s and braces. The BATF should be concerned about the gangstas and other Dim voters but then they’d have to get rid of half of their staff.
Yes, the humor factor. Well said.
I could easily argue your assertion that they do serve a purpose. Take machineguns off the registry too.
BATFE…AND every statute they enforce.
“Chevron deference”; Has ABSOLUTELY NO AUTHORITY in America where WE LIVE by LAWS!
“Chevron deference”; IS NOTHING but an OPINION of an ANTI-Second Amendment HATER who is employed by American hating TYRANTS!!!
This kind of person MUST be REMOVED from their positions of “power”!
Weasel Words from an Unconstitutional agency run by worthless Weasels!
Lb and hb, True, but to rid ourselves of those people, the agency and the GCA, we have to win the next two national elections.
But first, we need to find a way to keep elections from ever being rigged!
they cant get a law passed so they make up their own should be jailed or better yet put them in a city walled off and let them live with the murders rapists and the like that should be held
the point of all this bs is to wear people down you look at scotus rulings and these people ignore them because the police who should arrest polititions and other government functionaries when the violate will not . they are into power and someone else saying its ok go break down their door and kill those people they are not with us
The ATF should be de-funded.
Well that ain’t gonna happen with Slow Joe in office.
It just adds more cost to the customers and a hoop to jump through by FFL’s that can trigger more reasons to shut thrm down. No biggie, right? #AbolishTheATF
@Patriot Solutions
What did Cruz do?
FWIW Ted Cruz agrees with democrats about Jan 6, as he recently stated.
Well, you can scrawl my name in the pissed off column.
Cruz was on Fox news/Tucker carlson last night explaining what he meant . Still he should have phrased what he meant instead of saying the words he said. I still have doubts about him in some topics.
What a traitor. If there had been an insurrection or terrorist act, they would not have left their firearms at home, and we would be living back under the limits of the Constitution. Cruz is another worthless suit just looking for power and attention. The only terrorist attacks lately were the summer of BLM and antifa terrorists acts of looting, burning, and attacking courts and police stations. Yet lefties bailed them out and even refused to charge them with crimes caught on camera. We are headed for a national divorce, and things are accelerating. Time to pick a side has… Read more »
“We are approaching a solemn anniversary this week,” Cruz said. “And it is an anniversary of a violent terrorist attack on the Capitol where we saw the men and women law enforcement demonstrate incredible courage, incredible bravery, risk their lives to defend the men and women who serve in this Capitol.” https://thelibertydaily.com/ted-cruz-betrays-america-sides-with-democrats-over-january-6-heres-why/
Ohhh, Ted, Ted, Ted. Well, that is the end of his presidential aspirations.
In other words, do everything possible to put as many FFL’s out of business, thereby infringing on our Right to buy whatever firearm we want.
All rules are infringements!
Muzzle loaders and anything that does not take fixed ammo have always been, and always will, be treated as antiques, Is this just an effort to regulate modern muzzleloaders?
My guess would be YES.
“Just” an effort to regulate modern muzzleloaders? More infringement to control (our access) to a currently uncontrolled category of arms.
By removing cartridge in the verbiage and leaving only explosive means ATF will require a 4473 to be filled for every black powder firearm regardless of design or date of manufacture. In other words no more mail order black powder firearms. So if ever thought about buying a Kentucky long rifle, 44 Walker or any other non ATF firearm you’ll need to go through a FFL with this change in verbiage. Depending upon design many of the modern muzzleloaders already require a 4473 so that’s not what ATF is after, they want everything registered!
So we’ve got ~3 weeks to collect any/all the BP firearms we want…
Been looking for deals on the cheap pieta cap & ball revolvers. They’ve been out of stock at virtually every retailer, so unlikely I’ll be ordering any this month 🙁
Regulating flintlocks – how is this consistent with THEIR argument that the 2nd applies to muskets and other muzzle loaders?
To hell with the ATF
Remember that Chevron deference is an administrative law principle, and federal agencies are NOT entitled to Chevron deference in criminal cases. ATF’s ability to regulate FFLs does have effects on the public, but deference shouldn’t be construed to mean they can put people in prison for violation of rules that they “clarified” into existence.
But it is not easy to get any specific misuse of Chevron stopped and reversed in a court, in the real world.
I don’t doubt that at all. When some people do it wrong, it just means you have to try harder to do it right.
And that aspect of chevron is another reason why their two proposed violations of the 2nd amendment will go down in flames. They would attempt to arrest people for braced pistols and self-made firearms, and even chunks of steel or aluminum or plastic that could one day be finished as receivers… which they are forbidden to do. Also, according to one of the proposals they can view all semi auto rifles as “readily convertible to full auto” and thus illegal, since they redefine “readily” to a full 8 hour day in a stocked machine shop with expert knowledge of cnc… Read more »
This sounds like the ATF is setting up its next move, where the locking devices would have to remain on all guns in the dealer showrooms. A customer would not be able to check the action or evaluate the trigger, maybe not even get a good idea of how the gun feels in his hand, because the locking device has to stay on the firearm through the sale. Goodbye to gun shopping as we know it. Sounds crazy, but I know it’s in the antigunners’ playbook.
Make sure you explain to antis that result would be people buying guns which don’t fit them. Buyers would then either amass far more guns, or more likely sell off those they don’t like to random strangers. In the end such a rule could well result in far more guns “on the street!”
Certainly sounds like something the antis will push.
It sounds to me like it starts moving muzzle loaders and cap-n-bsll revolvers out of “non firearm” status, and into “firearm” status.
correct. Because Joe Biden the his democrat communist party wants to confiscate all our firearms.
Idiots do stupid things. I seriously think it’s for OUR entertainment.
Dr. Fauci gave the masonic hidden hand just before one of his televised speeches on corona. But ted looks more like he’s got his hand over his heart for a Pledge of Alligiance to the flag in your pics.
Cruz is catholic, he can not be a Mason. He could belong to Knights of Columbus.
I have a drwer full of “gun locks”. I save them to use for other purposes. Because a locked gun is not a usable gun. Besides most criminals won’t allow you time to unlock your gun. I do not allow children in my home anyway. And on the very rare occasion I do , they are not allowed to roam the house.