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.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
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Published by Joshua Prince, Esq.
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.
Dont get too excited. My bet is that thry have been told all assault weapons will be banned from possession with no grandfathering so this is a moot point. Keep your powder dry.
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Muleskinner is correct…
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Please worry more about crimes in our Nation then making legal gun owners criminal!!!
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Now they need to leave the 80% lowers alone they have no authority over 80% lowers and calling them ghost guns is a scare tactic on the public. We as Americans have been able to manufacture our own weapons since the beginning of the world because it’s a god given right not something a imperfect human can decide on.
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Oh, you can bet they’ll not be leaving either one alone they just stepped back for a moment, and this is only the beginning for the upcoming Socialist President & VP. They stepped on their HooHaa with the 14 day response time and are back pedaling…maybe. I really see this as a “lets wait for Bumbling Biden to start dealing Executive Orders like a Vegas Black Jack dealer”, kind of tactic.
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Good job they are just a pain in the wazoo. Brokencorn
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Or they could just… stop regulating rifles?
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Just look at bump stocks. Smh.
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“2nd Amendment what’s that” only says the ATF
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Ha…..now gun owners are made to feel like “Negroes” under the Black Codes.
See, this is why we Americans must fight injustices and inequalities at ALL levels. When a certain segment of society allows the government to act under color of law towards citizens, karma will and has taken place. All rights for all people at all times: that should be your civic motto. Just as some people could care less about other people’s civil rights struggles, others too also could care less about the 2nd Amendment specifically: a recipe for civil unrest and a lack of respect for the rule of law.
#BlackLivesMatter
#WeShouldAllMatter
#AllRightsForAllPeopleAtAllTimes
#The2ndAmendmentMatters
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Much like herpes, they WILL be back. Bank on it.
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Most likely withdrew it as Biden is going to executive order us out of existence!
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They didn’t say that they were backing down from their objective. They just closed the open comment period. It seems that they weren’t getting the comments that they were hoping for, so they’ll just suppress any future comments. In court, they can argue that only (insert number)people commented or voiced concerns, so it must not be a big deal to the citizens.
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I think this may relieve the growing anxiety of the millions of Americans
, who are law abiding citizens, that own these guns, with these tail stocks. Making felons of good and honest law abiding citizens doesn’t benefit anyone except the anti – 2nd Amendment people. Please let’s not open pandora’s box.
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Your use of the bizarre term “tail stocks” isn’t helping anything.
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The ATF has no authority to make law. All infringements on the 2nd amendment are unconstitutional. Free people don’t ask for permission.
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It’s time to take our second amendment rights back, we have already lost so many of them.
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I think it’s just a stock or brace what ever if you want to controll them put a detail number on them we pay for them like you do your house or car and the other parts the lower has paper work so it’s all gets down to is this rule is bullshit. And do you really think a brace should give you 10 years prison where there’s killers don t get that amount of prison time come on now get real I think before it’s over ATF is gonna cause civil war
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It is not a stock. You aren’t helping.
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People get your panties out of a wad. No body is going to confiscate your weapons.. That’s a scare tactic donald trump use so people would vote for him. The fear monger he is.
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Maybe congress along with the ATF should reread the constitution and really take a look at the little part in there that says “Shall not be infringed”. The ATf is a pure joke. And these folks saying the whole ” they are not coming for your weapons?” I guess they forgot all those interviews where creepy joe said “Bingo! If you have a Ar15 we are coming for them, all you need is a double barrel shotgun for protection.” In my own opinion niether him or ATF or anyone else has a right to tell me what i can protect my family and myself with at all. And also if they are so afraid of these so called “weapons of war” then they need to make their cia and secret service get rid of theirs and let us keep what we want. But that wont ever happen because they are the elite and they believe that they are above the treasonous laws they are attempting to create against the american people that pay their taxes and are law abiding citizens. Maybe if they try to live by the same laws they put on the american people they would feel the same as the rest of us do. I know this will butthurt the anit gun community and all the communist sheep but to put it nicely, if you dont like this country why not move? Dont use the money bit or thats stupid or any other excuse, you can sell your home or anything else you own and move out of this country that you say you hate. Some of us love our country some of us love our constitutional rights and our 2nd amendment. You can move to Canada even where they dont have these scary ar15s that are jumping up and scaring them. True americans do not support taking rights away from any true americans. The rights we have been given at birth are a God given american right. And noone can change that even as much as biden and the sheep following him want to. Im sure there will be sheep trying to crucify this comment and say all kinds of negative things as well. But long story short i dont care, the truth hurts and the Patriotic american citizens are fed up with the communist trying to ruin our country. All i can say is GOD BLESS AMERICA AND GOD BLESS PRESIDENT TRUMP!!! now let the butthurt comments and crucifying begin because they cant stand hearing the truth.
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This entire thread occurred Dec 23-25, 2020. Joe Biden is still President-elect. This has transpired under “the donalds” administration. Why not talk about Kelly Loefflers husband, President of the New York Stock Exchange. Married to Wall st.
Merry Christmas
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Trump knocked the ATF back in line, shutting their atf ban down. Nice try.
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