ATF TO INSTITUTE RULEMAKING REGARDING STABILIZING BRACES AND REQUIRE REGISTRATION OF CURRENTLY OWNED BRACES
https://blog.princelaw.com/2020/12/16/atf-to-institute-rulemaking-regarding-stabilizing-braces-and-require-registration-of-currently-owned-braces/In a
16 page draft copy of proposed rulemaking specifying “Objective Factors for Classifying Stablizing Braces”, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has proposed entering into rulemaking to delineate the objective factors considered when “evaluating firearms with an attached stabilizing brace to determine whether they are considered firearms under the National Firearms Act (‘NFA’) and/or the Gun Control Act (‘GCA)” and the Department of Justice’s plan to “subsequently implement a separate process for current possessors of stabilizer-equipped firearms to choose to register such firearms in compliance with the NFA.”
While the proposed rulemaking has not yet been published in the Federal Register, it is expected to be published in the upcoming weeks and interestingly – seemingly in violation of the law – ATF is only providing a 14 day comment period, at least, pursuant to the draft copy. “Written comments must be postmarked and electronic comments must be submitted on or before INSERT DATE 14 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER.” It would not surprise me if the proposed rulemaking is published on December 24th, so that most interested individuals and businesses will be distracted by the holidays and unable to respond in the two week response period. To prevent against these types of shenanigans, the Gun Control Act mandates a 90 day comment period.
As more information becomes known, we will update this blog post or publish new ones, depending on the development.
If you or your company wish to file a comment in support or opposition to a notice of proposed rulemaking by a federal administrative agency,
contact Firearms Industry Consulting Group today to discuss your rights and legal options.
Unofficial Draft of Department of Justice BATFE Docket No. 2020-R10
Objective Factors for Classifying Weapons with "Stabilizing Braces"SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is
publishing the objective factors it considers when evaluating firearms with an attached
stabilizing brace to determine whether they are considered firearms under the National
Firearms Act (“NFA”) and/or the Gun Control Act (“GCA”). ATF publishes this notice
to inform and invite comment from the industry and public on the proposed guidance,
Objective Factors for Classifying Weapons with “Stabilizing Braces,” prior to issuing a
final document. Upon issuance of final guidance, ATF will provide additional
information to aid persons and companies in complying with Federal laws and
regulations. This notice also outlines ATF’s enforcement priorities regarding persons
who, prior to publication of this notice, made or acquired, in good faith, firearms
equipped with a stabilized brace. Finally, this notice previews ATF’s and the Department
of Justice’s plan to subsequently implement a separate process for current possessors of
stabilizer-equipped firearms to choose to register such firearms in compliance with the
NFA, including an expedited application process and the retroactive exemption of such
firearms from the collection of NFA taxes.
DATES: Written comments must be postmarked and electronic comments must be
submitted on or before INSERT DATE 14 DAYS AFTER DATE OF PUBLICATION
IN THE FEDERAL REGISTER. Commenters should be aware that the electronic
Federal Docket Management System will not accept comments after midnight Eastern
time on the last day of the comment period.