Bureaucrats Gone Wild: Rep Clyde to Challenge the ATF Final Rule

PSA AK-V with SB-Tactical Brace & Wood Furniture

WASHINGTON, D.C. -(Ammoland.com)- The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) published its pistol stabilization device rule to the Federal Register this morning. Now, some members of Congress are stepping in to try to stop the new regulation.

Representative Andrew Clyde (R-GA) vowed to reintroduce the Stop Harassing Owners of Rifles Today (SHORT) Act next week. The law would remove short barreled rifles (SBRs) from the National Firearms Act (NFA). According to NFA regulations, any rifle with a barrel under 16 inches is subject to the law and must be registered with the ATF, and the gun owner must pay a $200 tax for the “privileged” of owning the rifle.

Under the newly published rule, a pistol with stabilizing device would be reclassified as an SBR. The owners could remove the brace and modify it so it cannot be reattached to the rifle, replace the short barrel with a 16-inch barrel, destroy the firearm, turn it in to the ATF, or register the firearm with the ATF as an SBR. The gun owner would be granted a $200 tax fee forbearance. Gun owners will have until May 31, 2023, to come into compliance with the new rule.

Non-compliance is a choice, but if a gun owner is caught with a firearm not in compliance, then the owner could face up to 10 years in federal prison for an NFA violation.

“Next week, I will reintroduce the Stop Harassing Owners of Rifles Today Act, or the SHORT Act, to repeal elements of the National Firearms Act, thereby prohibiting the ATF from registering and banning pistols with stabilizing braces,” Rep Clyde said on the House Floor. “Additionally, as soon as the ATF’s unlawful rule is published to the Federal Register, I will introduce a resolution of disapproval under the Congressional Review Act to override the Biden administration’s unlawful overreach.”

The Congressional Review Act (CRA) allows Congress to nullify regulations enacted by government agencies. The CRA requires a joint resolution within 60 legislative working days after Congress receives the report from an agency.

Clyde has plans to challenge the ATF’s pistol brace rule using the CRA and stated that Congress is “putting the ATF on notice.”

The CRA requires a simple majority in Congress to disapprove a regulation. The CRA is immune from being filibustered in the Senate, meaning that only 51 Senators must sign on to kill a rule. There is enough support in the House to use the CRA to shut down the ATF’s new rule, which many in the gun community see as a Draconian regulation.

The real fight will be in the Senate, where there are 48 Democrats, 49 Republicans, and 3 Independents. All three independents caucus with the Democrats, making it the majority party. Even if all Senate Republicans vote to use the CRA to void the ATF rule, two other Senators will need to be convinced.

Although most in the gun community feel that the real solution is to repeal the NFA or dissolve the ATF, those options are not possible under the current political climate. The SHORT Act is also a long shot, but reintroducing bills builds support over time.

Using the CRA to shut down the ATF’s overreaching bill is a real possibility, but it will require the gun community to press their Senators and Representatives to get on board.


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.

John Crump

John Crump
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Laddyboy

Here is a “SILLY REDUNDANT QUESTION”!
How can a Legal Law Abiding American Citizen be PUNISHED for NOT OBEYING a RULE, being applied as law, made by a BUREAUCRATIC ORGANIZATION, which CONGRESS DID NOT AUTHORIZE, who CANNOT MAKE LAWS?

Courageous Lion - Hear Me Roar - Jus Meum Tuebor

And not only that, violate the 2nd amendment, 4th amendment, and 8th amendment.

And the ONLY Enumerated “duty” each bona fide U.S. Citizen has to chuck their government “whenever” they deem necessary under the 2nd Para. of The Declaration of Independence. That duty is recited after the Right to do the same thing is recited 2x in the flesh-language of the same paragraph. The ONLY Enumerated Right to be repeated 2x in any of our Founding / Framing documents. No legal or logical argument can be made to say that such a Citizen should have to ask their government, that is deemed needing replacing, for the means, OR THE PERMISSION TO OBTAIN THE… Read more »

Arizona

According to the founding fathers it is our duty to disobey laws that conflict with the Constitution. This isn’t even a law, but a reg issued by a bureau not authorized to exist by the Constitution. No legal authority whatsoever in either.

Assassino

Lump this Bill into their next pay raise proposal…..watch how fast it gets passed!
Mutts…..all of ‘em

Bill

Unfortunately, when the democrats controlled congress and the White House, many years ago, a bill was passed and signed into law. Congressional members get a pay raise every year AUTOMATICALLY, unless they vote to skip it. That actually happened ONCE!

Montana454Casull

Store brace in cool dry place as it will go the same way as bumpstocks and the SCOTUS will correct this for the overreaching clowns at the ATF . Soon you be be able to bring your brace into the light legally . The clowns at the ATF will once again be wiping the egg off thier tyrannical faces .

Arny

They don’t care. It’s all about the money. Pay to play. Or pay to play in court. Who does it eventually cost ? The citizens will end up paying the bill either way.

Mac

The unfortunate difference is that nobody filled out a 4473 to buy a bump stock, whereas many braced pistols were sold in that configuration…

Trussman

Millions of them. The ATF had a chance years ago, when the first sample of a brace was sent to them for approval, to claim it would turn an AR pistol into an SBR. They allowed millions to be manufactured and purchased legally. Now they want a second bite of the apple. They missed their chance years ago, product is now common use, by their own doing.

Courageous Lion - Hear Me Roar - Jus Meum Tuebor

And what kind of stock is on a pistol or rifle shouldn’t make a bit of difference. WHERE IS THE CRIME? WHO IS THE VICTIM?

totbs

Those of us that build firearms now have “unregistered braces”. Along with all of my unserialized 80% lowers, I’m quite the criminal.

Arny

Unfortunately I don’t own any, but it sure makes me want to have at least 100. Wish I had the extra cash. lol

Darkman

Illinois loses appeal over gun control law, leaving restraining order in effect | Fox News
https://www.foxnews.com/politics/illinois-loses-appeal-gun-control-law-leaving-restraining-order-effect

Jaque

Pistol Braces are just the beginning. Rinos wont succeed in blocking the Communist Biden Regime because Rinos never stick together. And next comes AR Recievers, bolts, barrels, and magazine fed semi autos. Rinos will not save the 2nd Amendment. But revolution can. And todays Americans are weak feckless fatties, who will never sacrifice their TV schedule or beer money to save their freedom. Its over.

Courageous Lion - Hear Me Roar - Jus Meum Tuebor

I guess you’ve never heard of leaderless resistance or the war of the flea? More commonly known as 5GW or Fifth generation warfare? If they can’t beat a bunch of goat herders how are they going to beat a bunch of Arkansas red necks?

Very similar to my comment when McSniffy Schitz-His-Pants proclaimed we’ll need F-16s and Nukes to take on the Federal Government. “Well, the Afghani’s sure didn’t need those to send you running with your tail between you legs Joe, and neither will we.”

USMC0351Grunt

Don’t forget all those short guys in black pajamas.

Roland T. Gunner

Lady Liberty went into that boondoggle blindfolded, with one arm tied between her back.

DIYinSTL

The SHORT Act removes SBRs and SBSs from the tax code but not the definitions. I say narrow the definitions to handgun, rifle, and shotgun. I’m sending the following to my congress critters today. Feel free to copy to your reps. Dear Senators Hawley, Schmitt, and Representative Wagner: The Department of Justice and Second Amendment advocates are about to expend several million dollars tying up scarce court resources to argue over a new BATFE regulation rooted in a law that is nothing more than an accident of history. Let’s eliminate this foolish law and spend constituent and government resources more wisely.… Read more »

Joe R.

Tell him to read the 2nd Paragraph of the Declaration of Independence, slowly, and out-loud.

Tell him someone can read it to him if need be.

Roland T. Gunner

Absolutely! “Machine gun” would no longer be a thing; just a rifle or pistol (or maybe a shotgun).

GomeznSA

Sadly too many folks conflate ‘rules/regulations’ with properly enacted federal laws from CONgress. Unfortunately those ‘rules/regulations’ in effect become, for all intents and purposes the same as legally enacted laws – when codified in the Code of Federal Regulations (31 May in this case). The other sad part is that those ‘rules/regulations’ are being promulgated by unelected and unaccountable appointed bureaucrats. How do We The People stop them? At least the SHORT Act is an attempt to rein in the bureaucrats. Will it be enough, time will tell. BTW – you violate a CFR at your peril, they carry hefty fines and/or other… Read more »

Tionico

The Congressional Review Act (CRA) allows Congress to nullify regulations enacted by government agencies. The CRA requires a joint resolution within 60 legislative working days after Congress receives the report from an agency.
This is bogus. Article One of the US Constitution dclares that ONLY THE CONGRESS have the authoroity to make law. tis new ATF “rule” is NOT Congress making law, it is an appointed two bit government agency usurpoing authority never assigned it to control and harrass we The People.

Patrick53081

So here we go again. Another agency (spun off with the stroke of a pen) making up stuff on the fly. So, are they not supposed to operate under the law of the land passed by Congress? Does the NFA of 1934 not state that a tax of $200 be levied. So, by waiving the tax, are they not breaking the same law they are expected to uphold. They don’t have that authority. Maybe the plan is to get as many people as possible to register under the discounted offer. Then in a year or so after they have a… Read more »

hoss

Since when does the ATF start making laws? I always Thought that The legislature were the ones to make laws. Typical of this administration to not only color outside the lines, but rip the pages out of the coloring book!
Ladies, and gentile men open your eyes, the Commies have taken over!
IF NOT NOW, WHEN?

Courageous Lion - Hear Me Roar - Jus Meum Tuebor

Commies took over a long time ago. We are just now realizing it.
https://courageouslion380.substack.com/p/communism-american-style

TGP389

The problem with attempts like the SHORT Act is that if they sailed through the house and senate, the Usurper Bidet would never sign them. We don’t have a majority in the senate, let alone the supermajority required to override his veto.

USMC0351Grunt

That’s okay, let’s see how much money Congress will allow to flow out of it?

RichDD

Nice gesture. But it will go no where. We let democrats take over on every level. Now we will pay.

Courageous Lion - Hear Me Roar - Jus Meum Tuebor

They cheated. That’s the problem. You can’t convince me that Kari Lake or Donald Trump ACTUALLY lost. And it isn’t just them. Kathy Hochul was elected governor of NY? My ass. NO one can be that stinking stupid.

USMC0351Grunt

AOC?

FL-GA

The ATF has yet to state a reason for classifying anything as an SBR. Originally, there was a push to minimize the number of concealable firearms. Handguns were exempted, barrel length was modified from 18 to 16 inches, etc., and the original idea was lost. I can see wanting to limit concealable firearms even if I don’t agree, but ATF should really stop looking to justify their own existance.

Miles8n

Democrats allow themselves too much. We’ll have to pay for this.