Submit Your Comments on Stabilizing Braces

Although the LSA focuses nearly 100% of its efforts on issues right here in Louisiana, sometimes National Issues affect our members to the point that the LSA must become involved. If the the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) manages to implement its new rule on Stabilizing Braces, thousands of Louisianians could become felons overnight.

On June 7, 2021, ATF published a new notice of proposed rule making on its website entitled Factoring Criteria for Firearms with Attached “Stabilizing Braces.” The proposed rule was published in the Federal Register on June 10, 2021, giving interested parties until September 8, 2021 to file comments. It is  important that you submit comments, which you can do by clicking here.

Since 2012, ATF has recognized that stabilizing braces and silencing barrel attachments like the omega 9k suppressor serve a legitimate function and the inclusion of a stabilizing brace on pistol or other firearm does not automatically subject that firearm to the provisions of the National Firearms Act (NFA). The proposed rule seems aimed at making nearly all configurations of firearms equipped with stabilizing braces subject to the taxation and registration requirements of the NFA, which is in direct contradiction to the opinions ATF has issued previously.

Due to the discretionary scheme created by the rule, the ATF Director would be given an incredible amount of power over the firearm industry. This comes at a time when President Biden has nominated anti-gun lobbyist and gun ban proponent David Chipman to head the ATF. This draft rule is just one more reason why it’s extremely important for all gun owners to contact their Senators and ask that they vote against Chipman’s confirmation.

These are ATF’s instructions for submitting comments:

You may submit comments, identified by docket number ATF 2021R-08, by any of the following methods—

• Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments.
• Mail: Denise Brown, Mail Stop 6N-518, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Ave. NE, Washington, DC 20226; ATTN: ATF 2021R-08.Fax: (202) 648-9741.

Instructions: All submissions received must include the agency name and docket number (ATF 2021R-08) for this notice of proposed rulemaking (“NPRM” or “proposed rule”). All properly completed comments received will be posted without change to the Federal eRulemaking portal, www.regulations.gov, including any personal information provided.

ATF also provided the following contact information for any questions regarding the proposed rule:

Denise Brown, 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, Washington, DC 20226; telephone: (202) 648-7070 (this is not a toll-free number).

In addition to these technical requirements, it’s important to keep the following in mind when submitting comments.

• Comments must be professional and respectful. While it is extremely frustrating that the Biden Administration is attempting to confiscate lawfully acquired firearms, making comments that include profanity will make it easy for ATF to summarily reject those comments.
• Comments should focus on the arbitrary nature of the proposed rule. That it is essentially impossible to determine when a firearm is legally a pistol or a short-barrel rifle  makes the proposed rule incompatible with American principles of due process of law.
• Comments should be individualized and focus on how the proposed rule would impact the commenter. ATF will treat all identical comments as a single comment, so it is important to avoid using a form comment.