At a Congressional hearing, fireworks were seen covering a crucial topic that affects not only the firearm industry but also Second Amendment supporters. It was not surprising. The hearing by the U.S. House Subcommittee on Crime & Federal Government Surveillance titled “ATF’s Assault on the Second Amendment – When is Enough Enough?” was a simple question. The question relates to whether or not ATF creates the rules.
ATF, you don’t make the rules!
Who is the American lawmaker? This begs the question: Are government agencies able to create broad regulations that make law-abiding citizens criminals? Or is law-making authority vested in the people, through their elected representatives in Congress
The Background
In January, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a new Final Rules. This new rule will have drastic consequences for millions of gun owners who are law-abiding. The agency unilaterally declared that stabilizing arm braces attached pistols are now short-barreled rifles. They are therefore subject to registration under The National Firearms Act (NFA).
Owners who have legally purchased the accessory firearm must register their purchase. They must also submit photos and fingerprints and pass a background check to alert local law enforcement that they have one.
They could face felony charges and imprisonment if they don’t. According to the Congressional Research Service, there could be as many as 40 million braces currently in circulation.
Alex Bosco testified to how we got to where we are today. In 2012, the former Marine created the forearm stabilizing brace to allow disabled veterans to safely shoot recreational pistols.
“Since the beginning of my business, I have made every effort to adhere to all rules and regulations established by ATF. ATF received the original brace and reviewed it. ATF replied in writing that attaching a stabilizing bracket – quote- would not affect the classification of a pistol, or other firearm, and that such a firearm would not fall under the National Firearms Act controls.” Bosco explained.
He said that ATF has repeatedly held that different pistol brace designs do not convert a pistol into a short-barreled firearm.
All that changed when the ATF reclassified stabilizer arm brace-attached pistols SBRs. This put Bosco’s life and millions of law-abiding Americans at risk.
Who is the Authority?
Rep. Pat Fallon (R.Texas), Chairman of the Subcommittee, asked the central question: Who writes law for the United States?
Fallon stated that “Ever since Mr. Biden assumed office, his administration actively sought to violate the Second Amendment. I’m deeply concerned by the ATF’s recent actions.” “This rule will effectively make millions of law-abiding gun owner criminals if they fail comply, even though Congress didn’t act. We didn’t adopt any new criminal laws or penalties relating to pistol stabilizing braces. It was done by unelected bureaucrats. This is not how it works.
Rep. Chip Roy (R.Texas), echoed the sentiment, adding that bureaucratic rulemaking was wrong under both Republican and Democratic administrations.
Rep. Roy stated, “This should send chills down the spines of all members under Article II.” “And, look, I don’t see this through the lense of being a Democratic government. It was something I didn’t like when the Trump administration did this. Whether it was the ban on bump stock – that I didn’t like, too.”
Constitutionally Problematic
Amy Swearer, Heritage Foundation’s Director of Policy, agreed that the ATF rulemaking was Constitutionally problematic.
“Our Constitution is based on a separation of powers. The Executive Branch is responsible for enforcing the law, while Congress is responsible for passing laws. “No ATF official… is elected or held accountable through that process.”
If precedent is followed, the ATF’s overreach may be rectified. The Trump administration’s ATF Final Rule was overwhelmingly overturned by the Fifth Circuit U.S. Court of Appeals. It argued that the rule exceeded its authority to classify bump stock as “machineguns.”
The U.S. Supreme Court ruled in 2021 that the Environmental Protection Agency (EPA), Clean Power Plan, West Virginia v. EPA was unconstitutional because the agency had overstepped its authority by issuing similar rules without clear congressional authorization.
A similar fate could be awaiting the ATF stabilizing arm brace rule.
Know what you’re talking about
Democratic lawmakers showed that they are not well-informed about the arm brace accessory.
Democratic lawmakers used terms like “high-powered,” “increasingly deadly,” and “weapons for war”
Rep. Sheila Jackson Lee (D.Texas), praised ATF for overstepping her congressional authority “to stop…the misuse of stabilizing braces, which transform everyday firearms into killing machine.”
It was similar to the time that Rep. David Cicilline (D.R.I.), misidentified an arm brace and mistaken it for bump stock during a previous debate.
Rep. Chuck Edwards (R.N.C), a Federal Firearms Licensee asked Everytown For Gun Safety Senior Director for Policing Rob Wilcox about this accessory. “Will a pistol bracket affect the firearm’s capacity?” This refers to the number of rounds.
Wilcox replied, “No sir.”
Rep. Edwards said, “Will a pistol bracket change the firing speed?
Wilcox replied, “No sir.”
Rep. Edwards asked Bosco to clarify the confusion.
“I think the problem with this is that many people don’t know what a pistol is and what a rifle is.” It’s very nuanced,” Bosco said. “A stabilizing brace does not increase force.
Gun Control Won’t Stop
Another example of the Biden administration exceeding its authority to limit Second Amendment rights for law-abiding Americans is the ATF pistol brace ruling. Gun control groups are frustrated that not more has been done. They ignore the criminals who commit violent crimes.
Manuel Oliver, whose son was killed in the Parkland high school shooting of 2018, disrupted the hearing and was later removed from the room. Oliver was also disruptive at a White House ceremony where President Biden announced several gun control executive steps.
It is a pattern of actions by gun control groups, Democratic legislators shaming businesses for not doing their gun controls bidding, and the ATF overreaching itself on the pistol brace Final Rule. It is clear that the goal is not to hold criminals responsible. It’s about controlling law-abiding Americans.
Story originally posted to NSSF.org
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The post Congressional Hearing Reminds the ATF They Don’t Make the Rules appeared originally on Personal Defense World.
