As reflected in a notice issued through the Federal Register electronic notice system, the Bureau of Alcohol, Tobacco, Firearms and Explosives intends to publish tomorrow, Friday, December 18, 2020, its “Objective Factors for Classifying Stabilizer Braces” in the Federal Register, which we previously blogged about in our article ATF to Institute Rulemaking Regarding Stabilizing Braces and Require Registration of Currently Owned Braces.
Interested parties are only being afforded 14 days to comment, seemingly in violation of the provisions of the Gun Control Act requiring a 90 day comment period. Interested parties should immediately begin preparing their comments for submission, given the extremely short comment period.
If you or your company wish to file a comment in support or opposition to a notice of proposed rulemaking/guidance by a federal administrative agency, contact Firearms Industry Consulting Group today to discuss your rights and legal options.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
16 thoughts on “ATF to Publish Stabilizer Brace Guidance with 14 Day Notice and Comment Period Tomorrow”
How many braces have been sold? Thousands, hundreds of thousands? This “opinion” ATF wants to hand down could instantly with the stroke of a pen make thousands of honest americans fellons! We need to be a strong front on this issue and voice our opinion that this is pure political chest beating and send the new Democrat regime a message that we will NOT register our braces!
There is nothing wrong with these if a person can pass a back ground check they should be allowed to own any gun full auto down to single shot in any caliber it is not the legally allowed that you need to worry about start thinking about making laws that target criminals not the good folk that pay taxes and abide by the law remember we are the ones that pay your salary protect our rights dont punish us punish crooks
When it comes to opinions…
Opinions are like a__holes. Everyone has one.
The gun laws that are made are ridiculous. Our rights shall not be infringed. The government has over stepped it bounds again. And everyone is letting it happen. This needs to be stopped. Until we stand up against these servants that think they own and rule everything. We are going to deal with this BS. It’s time for us to overhaul our government and put people in place that follow the constitution.
Not complying with the Gun Control Act 90 day comment period seemingly supports that this action will not govern firearms. So the logical progression is to ask on what grounds they can regulate or require registration of accessories.
I feel for those who have one.Don’t laugh but I don’t believe I’ve ever seen one.It’s just I don’t agree with the constant targeting of 2nd amendment rights.Shall not be infringed?How is any gun law not an infringement on the 2nd amendment?One day law makers will regret making laws that hurt this country because in the end we all will lose.
No two people are the same physically this list is totally subjective from person to person. It us not fair to those who need braces or law abiding citizens. This seems more like extortion or bullying then fighting crime.
Braces and 80% lowers were Approved by the ATF. They can’t just decide one day that they change their minds. This would make millions of law abiding citizens felons over night. A brace can help those that can’t physically shoot be able to shot. Shooting is a hobby for everyone no matter what their physical limitations might be.
Prince Law Offices Blog 
who died and made them the US Constitution???
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How many braces have been sold? Thousands, hundreds of thousands? This “opinion” ATF wants to hand down could instantly with the stroke of a pen make thousands of honest americans fellons! We need to be a strong front on this issue and voice our opinion that this is pure political chest beating and send the new Democrat regime a message that we will NOT register our braces!
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Anyone ready to hear the incessant whining about the abysmally small compliance rate?
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There is nothing wrong with these if a person can pass a back ground check they should be allowed to own any gun full auto down to single shot in any caliber it is not the legally allowed that you need to worry about start thinking about making laws that target criminals not the good folk that pay taxes and abide by the law remember we are the ones that pay your salary protect our rights dont punish us punish crooks
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Hundreds of thousands out there no one will comply
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How can we utilize this court case to counter guidance letter?
https://blog.princelaw.com/2018/10/28/atf-unhinged-prosecutions-made-up-out-of-whole-cloth-you-might-be-next/
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When it comes to opinions…
Opinions are like a__holes. Everyone has one.
The gun laws that are made are ridiculous. Our rights shall not be infringed. The government has over stepped it bounds again. And everyone is letting it happen. This needs to be stopped. Until we stand up against these servants that think they own and rule everything. We are going to deal with this BS. It’s time for us to overhaul our government and put people in place that follow the constitution.
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Not complying with the Gun Control Act 90 day comment period seemingly supports that this action will not govern firearms. So the logical progression is to ask on what grounds they can regulate or require registration of accessories.
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So if they are going to waiver registration can you register the brace with an 80% reciever ad to built into an sbr bypassing the fee?
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Open for comment, make our voice heard. Help us craft a boilerplate letter to send!
https://www.regulations.gov/document?D=ATF-2020-0001-0001
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Here is their posting to the Federal Register.
https://www.federalregister.gov/documents/2020/12/18/2020-27857/objective-factors-for-classifying-weapons-with-stabilizing-braces?utm_source=federalregister.gov&utm_medium=email&utm_campaign=subscription+mailing+list
Just for full Orwellian effect, read Footnote #9 at the very bottom.
Pistol braces are a red herring.
Such thing as an SBR should not even be a classification.
They are just warming up with this and 80% lowers.
It won’t stop there.
They’ve gone off the rails far too many times. (Even once is too many).
They act like all 3 branches of government but appear to answer to none.
How can we get rid of the ATF once and for all?
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I feel for those who have one.Don’t laugh but I don’t believe I’ve ever seen one.It’s just I don’t agree with the constant targeting of 2nd amendment rights.Shall not be infringed?How is any gun law not an infringement on the 2nd amendment?One day law makers will regret making laws that hurt this country because in the end we all will lose.
LikeLiked by 1 person
No two people are the same physically this list is totally subjective from person to person. It us not fair to those who need braces or law abiding citizens. This seems more like extortion or bullying then fighting crime.
LikeLiked by 1 person
Braces and 80% lowers were Approved by the ATF. They can’t just decide one day that they change their minds. This would make millions of law abiding citizens felons over night. A brace can help those that can’t physically shoot be able to shot. Shooting is a hobby for everyone no matter what their physical limitations might be.
LikeLiked by 1 person