Before the ink was dry on the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) new pistol brace rule Tuesday, Second Amendment advocates sprang into action.
The highly controversial change means the ATF is categorizing pistol braces under the National Firearms Act (NFA).
Firearms with these stabilizing devices will be classified as short-barreled rifles, meaning they must be registered.
This despite the Congressional Research Service determining less than two years ago that attaching a stabilizing brace to an AR-type pistol does not alter its classification. No matter, as the anti-gun zealots in the federal government rammed through the change anyway.
With Tuesday’s publication of the new rule in the Federal Register, individuals who own such braces have 120 days to register them.
The outcry from the shooting public was immediate and loud.
The Wisconsin Institute for Law and Liberty (WILL) promptly filed suit against the federal overreach. The group noted that the ATF “made this change without legal authority and despite previously and repeatedly concluding just the opposite.”
WILL declared that the arbitrary decision presents law-abiding citizens with three choices.
First, they could “destroy, dismantle, or hand over the property” they previously acquired with the ATF’s approval. Second, they may list their name and address on what effectively is a national gun registry. Or third, they may commit a felony.
In filing the case, BRITTO v. ATF, WILL asserted the new regulation significantly broadened the definition of “rifle” under federal law, thus undermining Congressional authority.
The organization also argues that the ATF rule, approved on Jan. 13, runs afoul of both the Second Amendment and Separation of Powers. This doctrine prohibits actions from federal agencies that essentially create new laws without expressed authorization from Congress.
The devices were developed originally to enable wounded veterans to be able to continue to enjoy sport shooting. As WILL Deputy Counsel Dan Lennington said in a statement, “these military veterans defended our country overseas, and now they’re defending our rights here at home.”
Lennington added that the organization is “proud to represent these patriots…and will vigorously defend the Second Amendment in federal court.”
Members of Congress jumped to the forefront of the controversy, with several calling out the agency for its action. Rep. Andrew Clyde (R-GA) pledged to reintroduce the Stop Harassing Owners of Rifles Today (SHORT) Act in coming days. The legislation would remove short-barreled rifles from the NFA.
Lawmakers also have the power to respond to the ATF under the Congressional Review Act (CRA). This gives Congress the power to nullify regulations created by federal agencies through a joint resolution within 60 working days after legislators receive the change from the government body.
Utilizing the CRA requires only a simple majority in Congress to cancel a new rule, and it is not subject to the Senate filibuster. This means only 51 Senators would be required to agree to end the rule’s enactment.
Within the current congressional makeup, it will be a close battle to squash the ATF’s latest overreach. But it’s a battle that must be fought as the federal government yet again attempts to rein in Second Amendment freedoms.
It’s also a battle that needs the support of every gun enthusiast. It is imperative that supporters of our constitutional right to keep and bear arms let their lawmakers know that they are lined up against this ATF overreach. Through the combined might of fierce legal action and congressional opposition, the ill-conceived pistol stabilizer rule may be put out to pasture for good.
