Category: You have to be kidding, right!?!
OKLAHOMA CITY, Okla. (KFOR) – Some sheriff’s offices across Oklahoma are standing against the enforcement of a new gun rule from the U.S. Department of Justice that expands the definition of short-barreled rifles to include pistols with stabilizing braces. These sheriffs assert that the new rule contradicts the Oklahoma Second Amendment Sanctuary Act.
On January 13, the DOJ submitted the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ “Stabilizing Braces” Final Rule, “which makes clear that when manufacturers, dealers, and individuals use stabilizing braces to convert pistols into rifles with a barrel of less than 16 inches, commonly referred to as a short-barreled rifles, they must comply with the laws that regulate those rifles, including the National Firearms Act (NFA).”
Attorney General Merrick B. Garland said the rule “makes clear that firearm manufacturers, dealers, and individuals cannot evade these important public safety protections simply by adding accessories to pistols that transform them into short-barreled rifles.”
elbach explained further.
“Short-barreled rifles have the greater capability of long guns, yet are easier to conceal, like a pistol,” he said. “But certain so-called stabilizing braces are designed to just attach to pistols, essentially converting them into short-barreled rifles to be fired from the shoulder. Therefore, they must be treated in the same way under the statute.”
On Tuesday, Oklahoma County Sheriff Tommie Johnson lll said per the Oklahoma Second Amendment Sanctuary Act, his office cannot enforce the rule established by the DOJ since it’s not a federal law.
“This state statute creates a contradiction,” he said. “Therefore, I have instructed my deputies, if you encounter someone in possession of a pistol with a stabilizing brace during a low-level incidental contact like a traffic stop, traffic collision, or a motorist assist, deputies are not to take any action in regard to enforcement of ATF Final rule 2021R-08f… In other words, if a deputy encounters someone with a pistol equipped with a stabilizing brace, they will take no action against that person unless that person is using the weapon in the commission of a crime.”
Sheriff Damon Devereaux of Logan County and Sheriff Jim Mullett of Garvin County announced similar positions on Wednesday and Thursday, respectively.
“The Logan County Sheriff’s Office stands with our neighbors to the South, Sheriff Tommy Johnson lll, and The Oklahoma County Sheriff’s Office and any other Sheriff’s Office or other Law Enforcement in defense of rights,” Devereaux said, citing Oklahoma State Statutes 1289.24d and 1289.24e.
Joshua Harris-Till, a leader with the Oklahoma chapter of Moms Demand Action, disagrees with the stance.
“The sheriff’s office should uphold this new rule because it is just a clarification on the short-barrel firearm laws already on the books,” he said. “It shouldn’t be something that we’re saying is a threat to the Second Amendment. All it is is a clarification.”
He explained how enforcing the rule of registering pistols with stabilizing braces as short-barreled rifles will make things better.
“It doesn’t make them illegal, inherently,” he explained. “What it makes is an opportunity for you to register those guns to show that you are a responsible gun owner and that your guns won’t be used in any of the crimes that are happening. And that’s going to help us kind of determine which guns are supposed to be on the streets and which guns aren’t. And so, if you really support responsible gun ownership, you should be in favor of this law and in favor of the registration so that we can figure out how to end gun violence.”
The DOJ said beyond background checks and serial numbers, the heightened requirements for short-barreled rifles include taxation and registration requirements that include background checks for all transfers including private transfers.
The new rule allows for a 120-day period for manufacturers, dealers, and individuals to register tax-free any existing NFA short-barreled rifles covered by the rule. Other options including removing the stabilizing brace to return the firearm to a pistol or surrendering covered short-barreled rifles to ATF. Nothing in this rule bans stabilizing braces or the use of stabilizing braces on pistols.
Connecticut Gov. Ned Lamont announced a series of proposals aimed at curbing gun violence in the state during a press conference in Waterbury on Monday.
The proposals, which will be introduced during the 2023 legislative session include:
- Banning open carry of firearms in public
- Allowing concealed carry with a permit except in certain locations
- Limiting handgun purchases to one per month
- Updating the state’s ban on unregistered “ghost guns.”
These proposals will be part of the governor’s package of priorities for the 2023 legislative session, which he plans to present to the Connecticut General Assembly in February.
Gov. Lamont’s plans were also introduced in a press release via his official site.
Even though Lamont acknowledged that Connecticut is one of the safest states in the country, he claims the reforms are “commonsense” and even necessary due to rising rates of gun violence around the country.
“It’s our responsibility to implement policies that keep our homes and our neighborhoods safe, and we have to take every opportunity to keep our residents protected,” Lamont said. “These commonsense reforms will protect our neighborhoods and the people who live in them.”
State Sen. Gary Winfield and State Rep. Steven Stafstrom, co-chairs of the Judiciary Committee, praised the governor’s proposals.
“I have seen the success of our state-supported community violence intervention programs up close and personal,” Winfield said. “They are critical to addressing and preventing gun violence in our communities, where strict gun laws fail to stop gun-related crime. We have the ability to address the root causes of gun violence and get to the individuals at risk of committing these offenses.”
Stafstrom agreed with Winfield.
“These critical reforms attack gun violence in our neighborhoods from every angle,” Stafstrom said. “I’ve supported some of these proposals in the past, and I look forward to working with the committee and the governor to get a commonsense gun violence package accomplished this session.”
According to Fox News, Republicans in the Democratic-controlled legislature took issue with the governor’s proposals, criticizing him for putting law-abiding citizens at risk while not placing enough emphasis on criminals.
“Today the Governor and Democrats pitched a familiar path to an ‘everybody problem’ by offering proposals that will again have law-abiding gun owners carrying most of the freight,” said House Republican Leader Vincent Candelora. “Missing from their news conference was any talk about focusing on the people who are squarely responsible for causing mayhem in our communities.”
The Governor’s proposal also includes allocating an additional $2.5 million for the community gun violence intervention and prevention program, which will continue funding for the staff at the Department of Public Health who oversee this program and also provide grants for community-based violence intervention organizations.
During Lamont’s time in office, he’s made gun control one of his primary goals. Starting in 2019, he made so-called “ghost guns” illegal unless the purchaser receives an official serial number from the state. In that same month, he banned gun owners from leaving their firearms unsecured in vehicles and homes. Part of that legislation was called “Ethan’s Law” in honor of 15-year-old Ethan Song, who was accidentally shot and killed while handling a .357 Magnum at his neighbor’s house.
This press conference took place less than a year after Lamont announced a $64 million dollar proposal for gun control which he claimed was supposed to address rising crime rates in the state.
“You’re not tough on crime if you’re weak on guns,” Lamont told reporters at the state Capitol in Hartford. ”We’re going to continue to stay tough on guns.”
Chicago has long been known as a city with some of the strictest gun laws; laws that were passed in an effort to keep guns out of the hands of criminals and increase the overall safety of the city. Are these laws living up to the hype?
The short answer: No!
The long answer: Regardless of any law restricting or prohibiting firearms, criminals will continue to find and use them.
On Friday, January 20, shortly before 5:00 pm, a 25-year-old bank security guard was riding the Chicago Transit Authority (CTA) home when Darius Moss, 33, who has been arrested 32 times by Chicago police and convicted of four felonies since 2014, boarded his train car and started staring at him while smoking, reports Fox News.
An argument ensued until Moss revealed a firearm and proceeded to announce a robbery. Holding the victim at gunpoint, Moss allegedly took the man’s keys, phone, credit card, and, notably, his concealed carry license.
Moss threatened to shoot the victim if he did not exit the train at Cicero station, according to prosecutor Christopher Cromydas, as he recounted the story before Judge Maryam Ahmad during the bail hearing for Moss.
After stepping off the train at Cicero station, the guard pulled out his own firearm on the platform. He then re-entered the train and launched into a “firefight” with Moss where he expended 18 rounds, four of which jammed, Cromydas continued.
“Wait, wait, wait,” Judge Ahmad interjected. “A firefight on the train?”
“Yes, your honor,” Cromydas confirmed, explaining that the gunfight took place on the train and the platform.
Of the 18 rounds, Moss was only shot once in the leg, according to the Chicago police. Additionally, the victim was not injured, and there were no other injuries reported.
After the firefight, Moss exited at the Cicero station while the victim continued riding the train for approximately 3.5 miles to the Laramie station, where he identified himself to the police and explained what happened.
Chicago cops found Moss walking in the Cicero station area and recovered the victim’s property from his possession, along with a revolver that contained four bullets and one spent casing.
“It is a pure miracle by the grace of God that no one was killed, that no innocent bystander was killed,” Judge Ahmad remarked.
According to the public defender assigned to Moss, he has two children and is pursuing a career as a heating, ventilation, and air conditioning technician.
He is charged with armed habitual criminal and armed robbery with a firearm. Judge Ahmad was barred from holding Moss without bail because prosecutors did not ask her to.
“This is just ridiculous. Ridiculous,” Ahmad continued before ordering Moss to pay a $25,000 deposit toward bail to be released before trial.
Statue of the Priest Kaaper, known as Sheikh el-Belad (sycamore wood, eyes made from rock crystal rimmed with copper), from North Saqqara, Egypt. Dated to the Old Kingdom, 5th Dynasty, ca. 2494-2345 BC.
WASHINGTON, D.C. -(Ammoland.com)- The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) released its final rule surrounding pistol stabilizing devices killing off the market for the items unless court challenges prove successful.
The new rule (ATF final rule 2021R-08F) was published on the ATF’s website today and is set to be posted on the Federal Register on Monday, one day before the industry’s largest trade show, SHOT Show. The regulation will affect millions of Americans that currently own pistol stabilizing devices. What has been considered pistols for years will now be regarded as short barreled rifles (SBR) and be subjected to the National Firearms Act (NFA).
The proposed rule used a form known as “Worksheet 4999” to determine if a firearm equipped with a pistol brace would be considered an SBR by using a point system. The ATF ditched the form in favor of a widespread declaration that almost every pistol equipped with a brace of any kind would be considered an SBR.
“Worksheet 4999 was intended to ensure uniform consideration and application of the statutory definition of those terms. Based on the comments received, the Department agrees that the proposed Worksheet 4999 and point system did not achieve these intended purposes,” the Final Rule reads.
Under the new rule, any firearm that is “designed or redesigned made or remade and intended to be fired from the shoulder” will be considered an SBR.
This designation includes devices such as pistol stabilizing braces which the ATF assumes the shooter installed to be able to shoulder the gun. Also, if a firearm merely has the surface area that would allow it to be fired from the shoulder, the ATF might consider it an SBR if it has a weight or length consistent with a rifle.
Any pistol with a length of pull that is consistent with that of what would be found in a rifle would be considered an SBR. Any adjustable attachments, such as a multi-position buffer tube, would also automatically make the pistol an SBR. If the shooter places an optic on their firearm that requires an eye relief that is consistent with what’s used on a rifle, such as a scope, then that gun will also be considered a short barreled rifle. If a firearm has the surface area to be fired from the shoulder, such as a firearm equipped with a nonadjustable buffer tube, then that will be considered an SBR, basically making every AR-15 pistol and SBR.
“Whether the surface area that allows the weapon to be fired from the shoulder is created by a buffer tube, receiver extension, or any other accessory, component, or other rearward attachment that is necessary for the cycle of operations,” the document reads.
The ATF will also look at marketing material offered by the manufacturer to determine if installing that device on a firearm will convert it to an SBR. Several lawsuits involve companies suing over California’s law preventing the advertisement of firearms to people under the age of 18, including safety classes.
The ATF will also look at how the people in the firearms community use a gun to determine whether it is an SBR. You could use a device as intended by the manufacturer and still violate the rule if others use it in a way that is not consistent with how the manufacturer designed the device to be used.
There is a 120-day grace period to apply for a tax stamp for any device now considered an SBR that was previously considered a pistol.
Although the ATF states a 120-day grace period to register a pistol as an SBR, the ATF only promises not to enforce NFA rules on these devices for 60 days. The ATF will give a tax forbearance for the $200 tax stamp fee. A tax forbearance means that the ATF will not collect the $200 tax fee, although, by the law, you still owe the fee; it just will not be collected. The rule is set up the way it is because the ATF cannot waive a tax.
Gun owners must use e-Forms to file for the tax stamp. Only individuals would qualify for the tax stamp on devices with pistol stabilizing braces. If someone wanted to put the firearm into a trust, they must first register as an individual and then pay the $200 transfer fee to transfer it into a trust. Many people who own NFA items prefer having their firearms in a trust.
Some states do not allow for SBRs. Gun owners in those states do have options.
They could add a 16-inch or greater barrel, converting the firearm from a pistol into a rifle. In the past, the ATF has stated that a pistol could never be converted into a rifle, but the regulation seems to change this determination. The pistol stabilizing device could also be removed, and the gun owner can modify their firearms not to be able to accept a pistol brace. The gun owner also has the option of destroying the firearm. The final option would be turning the gun into the ATF for zero compensation.
The new regulation is expected to cost gun owners over $260 million. It is expected to cost the federal government over $3 million. In addition to the cost, it will put an increasing burden on the already overwhelmed NFA division of the ATF. the ATF claims that the average wait time will be 90 days, although Silencer Shop is showing a wait time of eight months for a tax stamp. Not only will it bog down the new tax stamp applications for SBRs, but it might drastically increase the wait time for other NFA items, such as sound suppressors.
There will be challenges to the new rule. The Second Amendment Foundation has an ongoing case in a federal District Court in North Dakota over the new regulation. Other legal challenges are expected shortly from other Second Amendment organizations.
Ammoland News reached out to SB tactical for a comment on the final rule but has not received one at the time of this writing.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
