2A: Take Action Notice - Comment Period on ATF Brace "Guidance" Document

[CoGT3]

[emoji115]Great summary of the major points of contention.

Has anyone done something similar for the “Receiver” rule? I’ve read through it a few times and would love a similar summary to help craft a cogent reply.


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[ccmdfd]

Any updates on where this stands?

[5pins]

Any updates on where this stands?

Jan 31 2022 Federal Register has information on the upcoming rule making and dates.

Definition of ‘‘Frame or Receiver’’and Identification of Firearms final date of June 2022.

Factoring Criteria for FirearmsWith an Attached Stabilizing Brace final date of Aug 2022.

https://www.govinfo.gov/content/pkg/...2022-01-31.pdf

Relevant pages 353, 357, and 356.

[ccmdfd]

Jan 31 2022 Federal Register has information on the upcoming rule making and dates.

Definition of ‘‘Frame or Receiver’’and Identification of Firearms final date of June 2022.

Factoring Criteria for FirearmsWith an Attached Stabilizing Brace final date of Aug 2022.

https://www.govinfo.gov/content/pkg/...2022-01-31.pdf

Relevant pages 353, 357, and 356.

So on those dates, are the rule changes that were put forward previously going into effect (they ignored public comments), or, will they be publishing a new set of rules based on their consideration of the public comments?

Thanks

[Caballoflaco]

So on those dates, are the rule changes that were put forward previously going into effect (they ignored public comments), or, will they be publishing a new set of rules based on their consideration of the public comments?

Thanks

Looks to me like as of now they plan on implementing the regulations including that stupid worksheet we saw earlier. Of course it’s the ATF so in reality who knows what they’ll do. Also, they are planning on changing the definition of reciever, which I haven’t seen much info on, but I could see as being bad.

Legal Deadline: None.
Abstract: The Department of Justice is planning to propose to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to set forth factors considered when evaluating firearms with an attached stabilizing brace to determine whether they are considered firearms under the National Firearms Act and/or the Gun Control Act.
Statement of Need: This rule is intended to clarify when a rifle is intended to be fired from the shoulder and to set forth factors that ATF considers when evaluating firearms with an attached purported stabilizing brace to determine whether these are rifles under the GCA or NFA, and therefore whether they are firearms subject to the NFA. It amends the definition of rifle in 27 CFR 478.11 and 479.11, respectively, by adding a sentence at the end of each definition. The new sentence would clarify that the term rifle includes any weapon with a rifled barrel and equipped with an attached stabilizing brace that has objective design features and characteristics that indicate that the firearm is designed to be fired from the shoulder, as indicated on ATF Worksheet 4999.
Summary of Legal Basis: The Attorney General has express authority pursuant to 18 U.S.C. 926 to prescribe rules and regulations necessary to carry out the provisions of chapter 44, title 18, United States Code. The detailed legal analysis supporting the amendments in this rule are expressed in the abstract for the rule itself.
Alternatives: There are no feasible alternatives to the proposed rule that would allow ATF to maximize benefits......Risks: Without this rule, public safety will continue to be threatened by the criminal use of such firearms, which are easily concealable from the public and first responders.

Since I couldn’t copy/paste due to formatting here’s a screen shot of dates:

[GyroF-16]

So on those dates, are the rule changes that were put forward previously going into effect (they ignored public comments), or, will they be publishing a new set of rules based on their consideration of the public comments?

Thanks

I have no experience with this process, but my read of the “stabilizing brace” rule change is that it will be implemented as originally published.
I hope I’m wrong, but one would think the text of the new rules would be available when then specificity it’s implementation date (which they did).

[joshs]

I have no experience with this process, but my read of the “stabilizing brace” rule change is that it will be implemented as originally published.
I hope I’m wrong, but one would think the text of the new rules would be available when then specificity it’s implementation date (which they did).

That's just when ATF expects to finalize the rules. According to ATF at SHOT, they are still reviewing comments and assessing how the rule could be amended to address commenters' concerns. We'll know if that actually happens when they actually publish final rules.

[ccmdfd]

That's just when ATF expects to finalize the rules. According to ATF at SHOT, they are still reviewing comments and assessing how the rule could be amended to address commenters' concerns. We'll know if that actually happens when they actually publish final rules.

So if they do make changes based on the comments received, do the new rules get another comment period, start all over again?

Thanks

[joshs]

So if they do make changes based on the comments received, do the new rules get another comment period, start all over again?

Thanks

Unfortunately, no.

[Screwball]

Unfortunately, no.

However, the comments can be used as evidence in any legal proceedings against the rule change. Hence why people said to make the comments respectful and not copy/pasted.