Gun Owners of America Vows to Fight New ATF Rule

GOA official says strategy includes repeal of NFA and defunding of Agency

Michael Vetter of WMD Guns in Stuart, Fla., displays some of the firearms his company offers that come equipped with pistol stabilizing braces during the 2023 SHOT Show in Las Vegas, Nev. Michael Clements/The Epoch Times

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has published its new rule outlawing pistols equipped with pistol-stabilizing braces. The rule gives owners of such firearms 120 days to destroy, register or surrender the now-illegal braces.

Aidan Johnston, director of Federal Affairs for Gun Owners of America, said he and his organization are taking a fourth option. They plan to fight back.

“Every gun owner needs to decide how they will fight back against this rule,” Johnston told The Epoch Times.

He said GOA lawyers would sue the government for an injunction against the law they consider unconstitutional. They are also working with members of Congress to repeal or nullify the rule using the Congressional Review Act (Act).

A pistol stabilizing brace is seen attached to the lower half of an AR-15 in this undated photo. Michael Clements/The Epoch Times

Under the Act, federal agencies that promulgate rules must submit those rules to both houses of Congress and the U.S. Government Accountability Office. Johnston said GOA is working to have House Republicans stop the rule using the Act. The Congressional veto of the rule must be signed by the president, which Johnston acknowledged could be a challenge.

“Congress needs to use the Congressional Review Act to veto this rule, and Biden needs to sign that because that’s what gun owners deserve,” Johnston said.

They will work to repeal the National Firearms Act, which the ATF used to criminalize an object previously deemed legal. They are also pushing legislation to defund the ATF, which would close the agency.

A significant focus of their efforts will be passing the Stop Harassing Owners of Rifles Today Act (SHORT Act).

Sen. Roger Marshall (R-Kan.) has introduced the bill to remove short-barreled rifles, short-barreled shotguns, and certain other weapons from the definition of firearms for purposes of the National Firearms Act.

Up to 40 Million Impacted

The number of Americans impacted by the new ATF rule is difficult to determine. The ATF estimates that 3 million pistol braces have been sold. Second Amendment advocates say the number is closer to 40 million. Either way, the debate has many in the firearms community decrying what they consider an overreach of authority by unelected bureaucrats.

At issue is a device introduced in 2012 to assist shooters with disabilities and others who may need help shooting pistols built on the AR-15 and similar platforms. The stabilizing brace attaches to the rear of the pistol and the shooter’s forearm. This allows the shooter a steadier aim while holding the pistol with one hand.

In 2014 the ATF received requests from law enforcement and firearms dealers about the possible reclassification of pistols equipped with stabilizers as short-barreled rifles (SBR) under the National Firearms Act. Those who contacted the ATF were concerned that the brace could be used as a stock, allowing the shooter to shoulder the pistol like a rifle.

The NFA was written in 1934 to address gangland violence. The gangsters of that era often shortened the barrels of rifles and shotguns to make them more concealable. So, the government outlawed such weapons unless the owners paid a $200 tax and registered the gun.

The NFA defines an SBR as “a weapon made from a rifle if such weapon as modified has an overall length of fewer than 26 inches or a barrel or barrels of less than 16 inches in length.”

Attempts to Clarify Fail

In an open letter dated Jan. 16, 2015, the ATF indicated that the stabilizing brace alone did not reclassify the weapon as an SBR. Instead, the intent of the person who installed the brace was the determining factor.

In part, the letter reads, “Any person who intends to use a handgun stabilizing brace as a shoulder stock on a pistol (having a rifled barrel under 16 inches in length or a smooth bore firearm with a barrel under 18 inches in length) must file an ATF Form 1 and pay the applicable tax because the resulting firearm will be subject to all provisions of the NFA.”

This did little to settle the debate. The AR-15, reportedly the most popular rifle in the United States, is popular specifically because it can be modified to suit the shooter’s tastes. Various manufacturers sell kits and specialized parts for AR-15 owners to customize their firearms.

The confusion resulted in the ATF issuing, then withdrawing rules that didn’t answer all the questions raised. The previous rule was published in 2020 and called for a worksheet to determine if the item in question constituted an SBR. The worksheet brought up a new set of questions and was scrapped until the most recent rule was issued.

The current rule is 293 pages and addresses a wide array of possible problems, including how imported pistols are handled and whether buffer tubes—an essential part for the operation of many firearms in question—could be considered a stock making the pistol an SBR. Johnston and other gun owners say they are fed up.