Last month, the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Steven Dettelbach, faced questions from a House Judiciary Committee about the ATF’s new rule concerning pistol braces.
Dettelbach told Congressman Thomas Massie (R-KY) that a firearm owner merely needed to detach the brace from the weapon to comply with the new regulation.
He asserted, “We wrote the rule to make it easy to comply with. If somebody at their home detaches the weapon from the brace and keeps them apart, they do not have to register anything. They can keep the brace, they can keep the business end of the gun.”
Rep. Massie, seeking clarification, asked, “So you’re not going to do some kind of constructive prosecution where you say, ‘You had this, and you had that and you intended to connect them?’”
Dettelbach’s response implied that simply keeping the parts separate would suffice, a point Rep. Massie noted was not clearly articulated in the existing rules.
“They can just keep them separate. Okay, because that’s not clear in your rules,” said Massie.
SEE ALSO: ATF Director Dettelbach Can’t Define ‘Assault Weapon,’ Wants to Ban Them Anyway
However, it appears Director Dettelbach’s explanation is not accurate.
In a social media post three days ago, the ATF presented more comprehensive compliance options (emphasis added) if the firearm with the stabilizing brace is classified as a short-barreled rifle under the Gun Control Act (GCA):
- Remove the short barrel and attach a 16-inch or longer rifled barrel to the firearm.
- Permanently remove and dispose of, or alter, the “stabilizing brace” so that it cannot be reattached.
- Turn the firearm into your local ATF office.
- Destroy the firearm.
- Register the firearm tax-free by May 31, 2023.
These options, highlighted on the ATF’s website, indicate that merely detaching the brace isn’t enough.
Instead, one must either dispose of the brace permanently, modify it so it can’t be reattached, or follow one of the other specified options.
Failure to comply with the Gun Control Act (GCA) may lead to severe penalties, including felony prosecution.
Possession of a short-barreled rifle without an appropriate tax stamp is prohibited. Violation of these provisions can result in imprisonment for up to 10 years and/or a fine of up to $250,000 for individuals, or $500,000 for organizations, per the ATF.
Given the discrepancies between Dettelbach’s statement and the ATF’s official communication, gun owners are urged to stay informed about the evolving rule interpretation.
With the registration deadline looming and multiple lawsuits underway, it’s likely that the rules may yet change. Stay tuned!
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