WASHINGTON, D.C. -(Ammoland.com)- The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) new final rule surrounding pistol stabilizing units has spurred a debate on the web about what’s and isn’t allowed. The supply of the confusion appears to be the proposed rule was included throughout the doc launched by the Bureau. This confusion has led some individuals to imagine the ATF is not going to enable imported pistol to be registered and revokes all letters for pistol grip shotguns.
The ATF has assured AmmoLand Information that pistol grip shotguns that fall outdoors the scope of the Nationwide Firearms Act (NFA) however are thought of short-barreled shotguns (SBSs) underneath the Gun Management Act of 1968 (GCA) usually are not affected by ATF closing rule 2021R-08F that regulates pistol stabilizing braces. The GCA and NFA have barely totally different definitions of Shot Barrelled Shotguns. This discrepancy has developed a gray space the place not all SBS are thought of NFA firearms. These weapons embody objects such because the Remington TAC-14 and the Mossberg Shockwave.
AmmoLand Information contacted the ATF and spoke with Public Affairs Division Deputy Chief Erik Longnecker about pistol-gripped shotguns with barrels lower than 18 inches. Different sources have reported that the ATF has revoked all prior classification letters. On web page 47 of the revealed feedback part submitted with the Last Rule, it appears to point that these shotguns are now not authorized.
“As mentioned in part II.B of this preamble, these firearms are particularly designed to be fired with two palms. ATF has at all times categorised these weapons as ‘firearms’ underneath the GCA and never as ‘shotguns,’ as a result of they don’t incorporate a shoulder inventory and usually are not designed and supposed to be fired from the shoulder like a shotgun. Nor has ATF categorised these weapons as ‘pistols,’ as they don’t seem to be designed to be held and fired in a single hand like a pistol. Thus, the addition of a ‘stabilizing brace’ doesn’t help with single-handed firing, however as an alternative offers floor space that permits for firing from the shoulder. Due to this fact, a ‘pistol grip shotgun’ outfitted with a ‘stabilizing brace’ and a barrel of lower than 18 inches is an NFA’ firearm,’ i.e., a short-barreled shotgun,” the rule reads.
The ATF response goes additional and rejects all letters issued for these shotguns within the web page 47 footnotes.
Footnote 73 reads: “As talked about above, any classification that gives {that a} “pistol grip shotgun” will not be an NFA firearm is now not legitimate or authoritative and must be resubmitted to FATD for analysis.”
In line with Mr. Longnecker, individuals are misreading the Last Rule. The ATF claims that the web page is from the proposed rule, not the ultimate rule. He goes additional and factors to the ultimate rule truly beginning on the backside of web page 268. AmmoLand Information verified Mr. Longnecker’s declare that the ultimate rule does begin on web page 268.
“The ultimate rule doesn’t deal with pistol grip firearms (such because the Tac-14 or Shockwave), nor does it revoke prior classification letters referring to these firearms. These have been within the proposed rule,” Longnecker wrote.
“In case you verify the doc, you will notice that the Last rule begins on the backside of web page 268; web page 47 is from the preliminary proposed rule. Because the doc is pretty prolonged, it may very well be helpful to make use of the bookmarks throughout the pdf, to see which sections you’re in. That’s useful for me.”
If we take Longnecker, who is permitted to talk on behalf of the ATF, at his phrase, meaning there may very well be numerous misconceptions as a result of he’s insinuating that nothing above the underside of web page 268 is authoritative.
We will use that data to interrupt down the rule. One concern that has been raised is a matter with 922(r) compliance. A rifle will need to have a sure amount of American-made elements underneath the 922(r) regulation. The identical rule doesn’t bind pistols. Some gun teams have reasoned that if the ATF is retroactively making braced pistols short-barreled rifles (SBRs), there can be no method to convey it consistent with 922(r).
Mr. Longernecker admits it’s true that there isn’t a method to convey a rifle into 922(r) after it has been assembled, but when a gun proprietor added a brace to a pistol after it was assembled, then in response to the ATF, they might nonetheless file for his or her tax stamp like every other particular person. The ATF claims that the tip consumer will not be topic to 922(r) compliance calls for.
“Part 922(r), in related half, makes it illegal to assemble from imported elements a semiautomatic rifle that’s in any other case not importable. The implementing laws of the GCA at 27 CFR 478.39 offers that an individual might not assemble a semiautomatic rifle utilizing greater than 10 of the imported elements listed within the related paragraphs of the regulation. As mentioned on web page 246 of the proposed rule, the legal violation underneath part 922(r) is for the ‘meeting’ of the semiautomatic rifle; due to this fact, no modification of such firearm would remedy the 922(r) violation as a result of the ‘meeting’ has already occurred. Accordingly, an individual with an imported pistol that was subsequently outfitted with a ‘stabilizing brace’ could have the identical choices as anybody else underneath the ultimate rule. Ought to that particular person select to register the firearm, no additional modification of the firearm with home elements is required.”
AmmoLand Information tried to get solutions to what the ATF recommends an finish consumer do in the event that they bought a foreign-made pistol with a pistol stabilizing brace. The ATF has not responded to the query at the moment. Though, it will be nearly not possible for the ATF to find out when the pistol brace was added to the firearm. If AmmoLand Information will get a solution, then we’ll replace the story.
The doc that the ATF launched is lengthy and never simple to grasp. It is going to take effort and time to grasp all of the nuances within the doc, and there might be disagreements. AmmoLand Information will proceed to stress the ATF to remark, on the file, to make clear any misunderstandings. This can allow the general public to carry the ATF accountable if it modifications its thoughts concerning the that means and enforcement of the Last Rule.
About John Crump
John is a NRA teacher and a constitutional activist. John has written about firearms, interviewed individuals of all walks of life, and on the Structure. John lives in Northern Virginia along with his spouse and sons and may be adopted on Twitter at @crumpyss, or at www.crumpy.com.
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Pistol Gripped Shotguns, 922(r), & the Pistol Brace Rule According to the ATF is written by John Crump for www.ammoland.com