Saturday, January 17, 2015

Another Week, Another Executive Gun Control Action: BATFE Reverses Prior Position on Pistol "Stabilizing Braces"

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It concludes that “[a]ny 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 first file an ATF Form 1 and pay the applicable tax because the resulting firearm will be subject to all provisions of the NFA.” According to the letter, BATFE finds that “[b]ecause the NFA defines both rifle and shotgun to include any “weapon designed or redesigned, made or remade, and intended to be fired from the shoulder,” any person who redesigns a stabilizing brace for use as a shoulder stock makes a NFA firearm when attached to a pistol with a rifled barrel under 16 inches in length or a handgun with a smooth bore under 18 inches in length.” It’s unclear how simply using a device in a certain way without altering it “redesigns” it, but the letter insists that BATFE “applie[d] the common meaning” of “redesign” in order to reach this conclusion. To paraphrase Inigo Montoya, the letter keeps using the word “redesign.” We do not think it means what BATFE thinks it means. Moreover, this conclusion is the exact opposite of advice that BATFE provided to individuals in private letters, the reasoning of which BATFE is now clearly abandoning. The new open letter stipulates that “[a]ny individual letters stating otherwise are contrary to the plain language of the NFA, misapply Federal law, and are hereby revoked.” As with other recent rulings from BATFE, the letter does not seem to acknowledge (and perhaps its authors don’t understand) the full effect of its conclusion that use of a firearm in a particular way without alteration constitutes a “redesign” of that firearm. The only thing that is clear from the letter is that BATFE considers shouldering any pistol with a stabilizing brace as making a firearm subject to registration and other requirements under the National Firearms Act. IN THIS ARTICLE National Firearms Act (NFA) BATFE/Federal Firearms Law Reform More TRENDING NOW News Friday, January 09, 2015 BATFE Rings in the New Year with More Executive Gun Control On January 2, BATFE issued its first ruling of 2015. Identified as ATF Rul. 2015-1, it significantly expands the scope ... News Friday, January 09, 2015 Media Fail: Americans' Gun Purchases Are Soaring Lately, along with gun control supporters claiming that the number of gun owners is declining, some in the ... News Friday, January 09, 2015 Majority of States Support the NRA's Request that the U.S. Supreme Court Overturn San Francisco's Restriction on Self-Defense in the Home Twenty-five state attorneys general joined Nebraska Attorney General Jon Bruning in filing a brief supporting the National Rifle Association in ... 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MORE TRENDING + RELATED BATFE Solicits Comments on Poorly-Conceived NFA Transfer Proposal Obama Misses the Mark with Overbroad NFA Background Check Proposal Time to Stop BATFE Abuses: Congress Pursues Firearm Law Reforms H.R. 4900: The “Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act of 2007” S. 941 and H.R. 2296: The “Bureau of Alcohol, Tobacco, Firearms and Explosives Reform and Firearms Modernization Act of 2009” Stay Informed 11 Join 11 Gunlaw 3 NRA ILA Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. 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