GRNC Alert 12-19-20: Stop ATF Registration Scheme

In recent weeks, hostility from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has increased dramatically as it begins to search for new guns to either ban or regulate through the 1934 National Firearms Act which, until recently, dealt largely with machine guns, sound suppressors, and short-barreled rifles and shotguns.

Acting ATF Director Regina Lombardo, who  has a reputation for being anti-Trump has reportedly been in discussions with the Biden team, saying that AR-15 pistol stabilizing braces and 80% unfinished lowers were “top priorities.”

It started weeks ago when the ATF sent a cease-and-desist order to Q, LLC concerning its AR-15 pistol called the “Honeybadger” – this despite the fact that the ATF has previously signed off on the gun. Next, the ATF threatened SB tactical with action over its braces, claiming it hadn’t sought approval for each individual model of stabilizing brace, even though the company has demonstrated that it did.

Most disingenuous has been the ATF refusal to clearly define what is or is not acceptable as a “pistol stabilizing brace” and what makes the gun an unregistered SBR, even attempting to prosecute an Ohio man for “violating” a “regulation” never available to the public.

Senator Ted Cruz and 15 other Republican senators (including our own Sen. Thom Tillis) have sent a letter to the ATF demanding clarification, saying: “ATF has a responsibility to clearly and distinctly articulate its position, in order to inform the public of changing regulations as soon as possible. A ‘know-it-when-you-see-it’ approach to firearms by the ATF can quickly become a slippery slope for all legal American gun owners as well as government firearm regulation enforcement.”

Meanwhile, the ATF has raided Polymer 80, which makes unfinished Glock-like receivers and parts kits, reportedly demanding customer lists which it is searching for prohibited buyers in a defacto “80% lower registration scheme.”

Whether you own any of these devices is irrelevant. If the ATF gets away with banning guns by regulatory fiat (as they did with “bump stocks”), circumventing the legislative process, the next guns they will try ban will be semi-automatic firearms, which it could reclassify as NFA weapons.

The good news is that ATF has opened a comment period on pistol braces;  bad news is that nothing in the comment letter would bind the ATF to any particular course of action, and nothing commits the ATF to any specific criteria, instead codifying the unpredictable “I’ll know it when I see it” approach on whether the gun would be suitable for use as a pistol, including: type and caliber, weight and length, length of “pull” (even though such guns, lacking stocks, don’t really have a “length of pull”), attachment method, design features, “aim point,” secondary grips, sights and scopes, and peripheral accessories.

Moreover, the comment period is open for only 14 days from yesterday, and the ATF is being very specific on comments they will or will not consider.  In truth, the ATF seems to be making it as hard as possible to comment, no doubt with the intention of minimizing your chance to provide input.

• DUE DATE: Written comments must be postmarked by, and electronic comments must be submitted on or before January 1, 2021 by midnight Eastern time..

• INSTRUCTIONS: All submissions received must include the agency name (ATF) and docket number (ATF 2020R-10). All properly completed comments received will be posted without change to the Federal eRulemaking portal, www.regulations.gov, including any personal information provided. Comments must have a full name, mailing address, and signature.

  Commenters who do not want their name or other personal identifying information posted on the Internet should submit comments by mail or facsimile, along with a separate cover sheet containing their personal identifying information. Both the cover sheet and comment must reference this docket number (ATF 2020R-10).

  Comments that contain excessive profanity will not be considered or responded to.

• SUBMISSIONS: Starting December 18, you may submit comments in one of three ways:
  1. Online: Federal eRulemaking Portal: ATF recommends that you submit your comments to ATF via the Federal eRulemaking portal at https://www.federalregister.gov/d/2020-27857 and follow the instructions. Please keep the comment tracking number that is provided after you have successfully uploaded your comment.
  2. Mail: Written comments must:
     • a. Appear in minimum 12-point font size (.17 inches)
     • b. Include the commenter’s first and last name and full mailing address c. Be signed
     • Send written comments to the following address:
       Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives
       ATTN: ATF 2020R-10
       Mail Stop 6N- 518
       99 New York Ave. NE
       Washington, DC 20226
  3. Facsimile: Faxed comments must:
     • a. Be legible and appear in minimum 12-point font size (.17 inches) b. Be on 8 ½” x 11? paper
     • c. Include the commenter’s first and last name and full mailing address d. Be signed
     • e. Be no more than five pages long
• EMAIL & PHONE PRESIDENT TRUMP: Send a message using the form at this link: https://www.whitehouse.gov/contact/ and deliver the copy/paste message provided below under ‘Deliver This Message.’   (See below to phone the President)
• PHONE THE PRESIDENT:  Use this number: 202-456-1111 and deliver the suggested phone message provided below.
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Suggested Subject: “NO to the Out-of-Control ATF Gun Ban”  

To whom it may concern:

I am writing to comment on document docket number ATF 2020R-10 regarding the “Objective Factors for Classifying Weapons with Stabilizing Braces”.

Having read through the criteria, I do not find them to be “objective” at all.  There is no specific detailing of exactly what calibers, measurements, weights, etc. will cause a weapon with a stabilizing brace to be labeled as a “rifle” or “shotgun” requiring NFA registration, instead of a “pistol”.  I find this to be no more than a blatant attempt to allow individual agents to arbitrarily classify a particular weapon as requiring NFA registration, thereby regulating these weapons and accessories by fiat.  The NFA was never intended to cover these devices, and it should not be allowed to be re-interpreted every time someone wants to ban something new.

There are millions of these devices already owned by law-abiding citizens, and this appears to be yet another attempt to regulate them overnight into felons by further restricting their Second Amendment Right to bear arms.  This Right has already been restricted far beyond what the Constitution allows, and this latest attempt to circumvent Congress to further restrict it is unconscionable.

I strongly urge you to abandon this line of attack on our Second Amendment Right to bear arms.

Respectfully,

Down South Ammo, Home of “SOUTHERN THUNDER” Exploding Targets, http://downsouthammo.com/