About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (March 24, 2023)

handle is hein.crs/govelcc0001 and id is 1 raw text is: Congre s&cnaI Resedrch Ser/ce hnorming Ah eg iltive debate sine 114 0 March 24, 2023 Gun Control: ATF Final Stabilizing Brace Rule On January 31, 2023, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a final rule entitled Factoring Criteria for Firearms Attached with 'Stabilizing Braces.' The rule redefines the term rifle as a means to reclassify certain brace-equipped firearms as short-barreled rifles (SBRs). The firearms in question were previously classified as pistols and, as such, were regulated solely under the Gun Control Act of 1968 (GCA). Reclassified as SBRs, these firearms now fall under the more restrictive 1934 National Firearms Act (NFA). Under the rule, moreover, nearly all rifled-bore firearms with barrels less than 16 inches and equipped with braces or similar devices appear to be non-transferable until registered with the Attorney General under the NFA. To comply with the rule, federal firearms licensees (FFLs) and private owners of these firearms have several options. They may submit an NFA tax/registration form and other required documentation (e.g., fingerprints and personal photo) to ATF by May 31, 2023 on the firearms in question. No tax payment is required, as ATF has opted to forbear the $200 NFA tax. Alternatively, possessors may alter the firearms by permanently removing the brace or by replacing the barrel with one longer than 16 inches. They may also destroy or turn the firearms over to the authorities as contraband. Some Members of Congress have introduced legislation to nullify the ATF rule by removing all short- barreled firearms, as well as similar firearms, from the purview of the NFA. See H.R. 381, H.R. 646/S. 163, S. 361, H.J. Res. 44, and H.R. 1678. ATF and Firearm Classifications Under the Attorney General's delegated authority, ATF promulgates regulations and guidance pursuant to the GCA and NFA. ATF issues firearm classifications in letter rulings and open letters, as well as other written private determinations, to assist FFLs and others in complying with their responsibilities under federal law. Although these forms of guidance do not have the force of law, they represent ATF's best interpretation of statute and reported case law, and are relied upon as precedent in court cases. ATF determinations are subject to the Administrative Procedure Act (APA) and can be challenged in federal court after all other administrative remedies have been exhausted. These forms of guidance (ruling, open, and private determination letters) are arguably artifacts of ATF's origins in the Department of the Treasury, before Congress transferred ATF from Treasury to the Department of Justice (DOJ) in 2003. While the GCA is criminal law, firearms and ammunition are regulated under federal statute primarily as commodities. These guidance documents arguably allow ATF to more quickly and efficiently address emerging developments than by promulgating a regulation under the APA. Today, ATF's Firearms and Ammunition Technology Division (FATD) is the principal federal authority charged with classifying firearms and ammunition under federal law. The FATD is also responsible for processing requests for importation and domestic manufacturing evaluations, and requests for marking variances. Upon written request, the FATB also issues determination (classification) letters regarding technical aspects of the NFA, GCA, and other applicable federal laws. Classification letters, once released to the original requestor, are not made available to the public, though they may be obtained by outside interested parties pursuant to the Freedom of Information Act (FOIA) and Privacy Act of 1974. The letters released are often redacted to protect proprietary information and the privacy of individuals. In some cases, the letters are released to other parties by the original requesters. ATF has compiled firearms-related statutes and regulations in a Federal Firearms Regulations Reference Guide, 2014 that includes some, but not all rulings. More recent rulings are periodically published on ATF's website (www.atf.gov). Nevertheless, there is no central index of ATF letter rulings, determinations (however redacted), or open letters. Hence, observers caution that there is no certainty that any individual who files a FOIA request for previously issued classification letters will receive every relevant letter issued by the ATF. In addition, some observers maintain that some ATF rulings have been inconsistent with previous rulings, though these possible inconsistencies might reflect changed legal reasoning by DOJ and ATF attorneys. GCA-NFA Firearm Definitions Under the GCA-NFA construct, NFA-regulated firearms are regulated first under the GCA. The three basic types of firearms defined under the GCA are shotguns, rifles, and handguns. Congress included identical statutory definitions for the terms shotgun and rifle in the GCA and NFA. The term shotgun means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger (18 U.S.C. §921(a)(5) and 26 U.S.C. §5845(d)). The term rifle means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger (18 U.S.C. §921(a)(7) and 26 U.S.C. §5845(c)).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most