On August 19, 2021, comments close on a new ATF rule that means the end of the Second Amendment. We make this dire claim because, if the ATF’s proposed rules redefining what is
a firearm and redefining what is a pistol-brace become final rules, it means the Executive Branch – through the Bureau of Alcohol, Tobacco, Firearms and Explosives – can by fiat rewrite the laws Congress passes and even disregard the Constitution itself.
The over 100-page long rule attempts to rewrite the definition of what constitutes a firearm by rewriting the definition of frame and receiver and expanding the requirements for identification, or serialization, of firearms. Briefly, what ATF Proposal 2021R-05 does is, without action by Congress, create a new definition of a gun and on its own purported authority, expands the list of items the ATF can regulate:
Broadly redefine “firearm frame or receiver” and “frame or receiver” to expand the number and types of items that ATF would consider regulated firearms
Amend ATF's definitions of “firearm” and “gunsmith” to give the federal government more control over guns, gun owners, and those who provide critical services
Codify new definitions of terms such as “complete weapon,” “complete muffler or silencer device,” “privately made firearm,” and “readily” for purposes of law enforcement and prosecution and put people at much greater legal risk
Radically change ATF's regulations on firearm marking/engraving and recordkeeping
Allow the ATF to grant itself legal authority to issue new anti-2A rules and regulations outside of the Administrative Procedures Act regulatory process
We have a little longer to act to oppose ATF Proposal 2021R-08, the proposed rule to make criminals out of gun owners who own guns with stabilizing braces. Proposal 2021R-08 closes on September 8, 2021:
In 2012, The ATF told the American people that stabilizing braces don’t fall under the National Firearms Act –enabling millions of Americans to legally outfit their guns with stabilizing braces
Now, The Bureau of Alcohol, Tobacco, Firearms, and Explosives is trying to criminalize gun owners who own guns with stabilizing braces if they don’t fall in line with new proposed restrictions –contradictory to their stance in 2012
This proposed rule is a blatant overreach of power, not passed by American voters or legislature, but an attempt for bureaucrats to strip us of rights granted to us by the 2ndAmendment
If you don’t comply with the ATF and register your gun for an additional $200 the ATF will Require YOU to destroy your gun or turn it over to them –if you do nothing you will turn into a FELON overnight.
This is a blatant attempt to DISARM and CRIMINALIZE anyone who has lawfully outfitted and owns a firearm with a stabilizing brace.
To make a comment in opposition to this proposed rule click here.
Allowing a minor Executive Branch bureau to rewrite laws passed by Congress is unconstitutional on its face and rewriting those laws in a way that is so vague and complex that a person of ordinary intelligence cannot understand what is prohibited or required is likewise a violation of the Due Process Clause of the Constitution and longstanding Supreme Court precedent.
We urge every CHQ reader and friend to comment in opposition to these proposed rules by using the easy-to-use links. And thanks to our friends at KAK INDUSTRY LLC, makers of the high-quality gun parts we use in our custom AR-15 builds for the easy to digest summaries of the proposed rules.
CHQ Editor George Rasley is a certified rifle and pistol instructor, a Glock ® certified pistol armorer and a veteran of over 300 political campaigns, including every Republican presidential campaign from 1976 to 2008. He served as lead advance representative for Governor Sarah Palin in 2008 and has served as a staff member, consultant, or advance representative for some of America's most recognized conservative Republican political figures, including President Ronald Reagan and Jack Kemp. A member of American MENSA, he served in policy and communications positions on the House and Senate staff, and during the George H.W. Bush administration he served on the White House staff of Vice President Dan Quayle.
proposed rule ATF 2021R-05
ATF Proposal 2021R-08
federal law enforcement
assault weapons ban
National Firearms Act
multiple serial numbers