Rep. Chip Roy (R-TX) is celebrating as the House narrowly voted to approve H.J.Res.44 which blocks the ATF requirement to register all guns with attached stabilizing braces as rifles.
“[The Pistol Brace Ban] should not be done unilaterally, unlawfully, unconstitutionally, by a renegade executive branch. I believe it will be struck down by the courts, but it is our DUTY in Congress to DEFEND the Constitution,” Roy wrote in a June 13 Twitter post.
Back in January, the Bureau of Alcohol, Tobacco, and Firearms (ATF) finalized a rule which would require that pistols with stabilizing braces be registered as short barrel rifles, which would subject them to heavier regulation, according to Washington Examiner. This was one of many gun regulations that came out of the Biden Administration following the 2021 mass shooting at a Boulder Colorado grocery store. The deadline for registration was May 31 and those that failed to register could face felony charges with up to 10 years in prison or a $10,000 fine.
The new rule faced significant backlash from firearms groups and Republican legislators calling the rule unconstitutional and an infringement of citizens’ rights. According to Fox News, critics pointed out that braces were originally designed so that veterans or other individuals with disabilities could use firearms. The Biden Administration claimed that such braces were dangerous and frequently used in mass shootings. In May, the Fifth Circuit Court of Appeals placed a temporary block on the rule.
The ATF published the rule, which amended the definition of a rifle to say “that the term ‘designed, redesigned, made or remade, and intended to be fired from the shoulder’ includes a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a ‘stabilizing brace’) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder.”
The ATF pointed out that braces meant to aid in disability use would not fall under this category as long as shoulder firing was not a possibility.
In March, Rep. Andrew Clyde (R-GA) introduced H.J.Res.44 in response to the ATF’s rule. The resolution “nullifies the rule issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives titled Factoring Criteria for Firearms With Attached ‘Stabilizing Braces.'” The resolution passed as a joint bill in the House on June 13, with a vote of 219-210 in favor.
In his tweet, Roy attached a YouTube video of him speaking on the subject and said, “The final rule regulates handguns an indisputably protected weapon under the Second Amendment of the United States Constitution. Moreover, ATF regulation extends into the home a person who possesses a handgun in a stabilizing brace, even if not attached is a felon, unless he registers the combination as a rifle under the AFT.”
