Erich Pratt, GOA’s Senior Vice President, issued the following statement:
“It’s incredibly disappointing that, despite an outpouring of grassroots opposition to the rule, the Senate concurred with President Biden and voted to make their constituents felons. Gun Owners of America will continue to fight back in the Courts, where we have already seen some strong success. The fight will go on.”
Lawrence G. Keane, NSSF Senior Vice President and General Counsel:
“This vote was disappointing, if not expected. We are deeply troubled by the unchecked growth of the administrative state that threatens our fundamental rights and liberty.”
Gun Owners of America’s Reaction to Senate Failure to Block Pistol Brace Rule
Washington, D.C. – Yesterday, the U.S. Senate failed to block the Biden Pistol Brace Rule under the Congressional Review Act. The final vote, which was split along party lines, was 50-49. During debate, Democratic Majority Leader Chuck Schumer spread disinformation about pistol braced firearms, claiming that they convert pistols into machineguns.
This rule, which took effect June 1st, outlawed the possession of unregistered but previously lawfully owned pistols with attached stabilizing braces. Those found in possession of an unregistered braced pistol are now subject to felony charges carrying a maximum of ten years in prison—unless covered by one of five federal court injunctions, such as Texas & GOA v. ATF. Researchers estimate up to 40,000,000 braces are currently in circulation.
Erich Pratt, GOA’s Senior Vice President, issued the following statement:
“It’s incredibly disappointing that, despite an outpouring of grassroots opposition to the rule, the Senate concurred with President Biden and voted to make their constituents felons. Gun Owners of America will continue to fight back in the Courts, where we have already seen some strong success. The fight will go on.”
Aidan Johnston, GOA’s Director of Federal Affairs, added:
“It’s truly outrageous that a rule from the ATF can ban 40 million guns when the same proposal, if originating from Congress, could never pass the same test. Instead, Senators took the easy way out and chose to rubber stamp this administration’s unconstitutional move to criminalize owning a piece of plastic.”
In a lawsuit brought by Gun Owners of America and the State of Texas, a federal judge had previously enjoined the rule from being enforced against GOA members and employees of the State of Texas. The case is ongoing.
GOA spokesmen are available for interviews. Gun Owners of America is a nonprofit grassroots lobbying organization dedicated to protecting the right to keep and bear arms without compromise. GOA represents over two million members and activists. For more information, visit GOA’s Press Center.
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NSSF Disappointed by U.S. Senators Voting Down Pistol Brace ResolutionWASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, was disappointed by U.S. senators who voted along party lines in a 49-50 vote to reject H.J. Res. 44, which was passed with a bipartisan vote in the House of Representatives last week.
“This vote was disappointing, if not expected. We are deeply troubled by the unchecked growth of the administrative state that threatens our fundamental rights and liberty,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel.
H.J. Res. 44 was intended to nullify the Final Rule issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) titled “Factoring Criteria for Firearms With Attached ‘Stabilizing Braces,’” published on Jan. 31, 2023. The Final Rule established new criteria for determining whether a pistol equipped with an attached stabilizing arm brace is a short-barreled rifle (SBR) and thus subject to regulation (and registration) under the National Firearms Act. The Congressional Research Service estimates there could be upwards of 40 million braces that have been lawfully purchased over the past decade after ATF determined affixing a brace did not convert a pistol into a rifle.
Several senators, who face reelections in states where gun rights are critical to voters ceded their authority as legislators to the Executive Branch to unilaterally draft criminal law allowing their constituents to be turned into criminals by administrative fiat.
“These senators must now explain to their constituents why they failed to act to safeguard against the Biden administration’s executive overreach that is chipping away at their fundamental Constitutional rights,” said Keane. “Come election day, NSSF will work to educate gun owners in these states about how these legislators turned their backs on the Second Amendment and failed to uphold their duties as lawmakers who write the law not the Executive Branch. Failing to maintain the balance of power grants unchecked authority to President Biden to run roughshod on citizens’ rights.”
Those senators voting against H.J. Res. 44 and facing tight reelection bids include: Sen. Tammy Baldwin (D-Wis.), Sen. Sherrod Brown (D-Ohio), Sen. Bob Casey (D-Pa.), Sen. Joe Manchin (D-W.V.) and Sen. Jon Tester (D-Mont.).
After publishing the Final Rule, ATF announced that in order to remain compliant with the new rule, any law-abiding gun owner who possessed stabilizing arm braces attached to lawfully-purchased pistols had 120 days, or until May 31, 2023, to either remove the pistol’s shorter barrel and attach a longer rifled barrel; permanently remove and dispose of the brace; turn in the brace; destroy the brace; or register it with ATF.
Failing to do any of the options presented puts brace owners in jeopardy of criminal enforcement.
