In what may go down as a Christmas miracle, the ATF has rescinded the notice pertaining to weapons with stabilizing braces. The potential rulemaking would have had a massive effect on both individual owners as well as the firearms industry, redefining pistols as rifles using a new set of criteria. The withdrawal comes after tens of thousands of comments were posted to the official notice and dozens of representatives signed on to a letter to the ATF in opposition to the proposal.
Weapons with stabilizing braces appear to be safe from further regulations. For now
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Docket No. 2020R-10W
Objective Factors for Classifying Weapons with “Stabilizing Braces”; Withdrawal of Guidance
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice.
ACTION: Notice; withdrawal.
SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is announcing the withdrawal of a notice and request for comments entitled “Objective Factors for Classifying Weapons with ‘Stabilizing Braces’,” that was published on December 18, 2020.
DATES: The withdrawal is effective [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: This Notice also will be made available on the ATF Web site (www.atf.gov).
FOR FURTHER INFORMATION CONTACT: Andrew Lange, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Ave. NE, Mail Stop 6N-518, Washington DC 20226; telephone: (202) 648-7070 (this is not a toll-free number). SUPPLEMENTARY INFORMATION:
Upon further consultation with the Department of Justice and the Office of the Deputy Attorney General, ATF is withdrawing, pending further Department of Justice review, the notice and request for comments entitled “Objective Factors for Classifying Weapons with ‘Stabilizing Braces’,” that was published on December 18, 2020. 85 FR 82516. As explained in the notice, the proposed guidance was not a regulation. The notice informed and invited comment from the industry and public on a proposed guidance prior to issuing a final guidance document.
The withdrawal of the guidance does not change any law, regulation, or other legally binding requirement.
December 23, 2020
Marvin G. Richardson
Associate Deputy Director