In a shocking change of course – likely because it was in violation of the Administrative Procedures Act and former Attorney General Session’s memorandum entitled Prohibition on Improper Guidance Documents – the ATF appears to be withdrawing its notice and request for comment on Objective Factors for Classifying Stabilizer Braces.
The notice, which will likely be filed in the Federal Register tomorrow or on Monday, states:
Upon further consultation with the Department of Justice and the Office of the Deputy Attorney General, ATF is withdrawing, pending further Department of Justice review, the notice and request for comments entitled “Objective Factors for Classifying Weapons with ‘Stabilizing Braces’,” that was published on December 18, 2020. 85 FR 82516. As explained in the notice, the proposed guidance was not a regulation. The notice informed and invited comment from the industry and public on a proposed guidance prior to issuing a final guidance document.
The withdrawal of the guidance does not change any law, regulation, or other legally binding requirement
As we learn more, we will relay that information to our viewers.
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.
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