WASHINGTON, D.C. – U.S. Senator Deb Fischer (R-Neb.) joined 45 Republican Senators to introduce legislation that prevents the Biden administration’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing an anti-Second Amendment pistol brace rule. U.S. Senators John Kennedy (R-La.) and Roger Marshall (R-Kan.) led the introduction of the resolution.
The rule, titled “Factoring Criteria for Firearms with Attached Stabilizing Braces,” would reclassify pistols as short-barreled rifles if they have a stabilizing brace attachment, even though many disabled veterans and other Americans rely on these braces to use their firearms. Under this rule, otherwise lawful gun owners could face up to 10 years in jail and thousands of dollars in fines if they fail to register pistols with stabilizing braces with the ATF. If gun owners do not register their firearms, they would have to destroy the firearm, surrender their firearm to the ATF, or remove the brace in such a way that it cannot be reattached.
“Gun owners in Nebraska and across our country have a fundamental right to bear arms that is protected by the Second Amendment. This proposal is yet another example of excessive overreach by the federal government that unfairly burdens law abiding firearm owners. I’m proud to join my colleagues in supporting a resolution to overturn this misguided rule,” said Senator Fischer.
Background:
In 2012, the Obama-Biden administration’s ATF determined that pistol-brace attachments do not change the classification of a pistol to that of a rifle. Despite this, the Biden administration in 2021 directed the U.S. Department of Justice (DOJ) to propose a rule that clarifies when a pistol with a brace attachment should be designated as a rifle.
Earlier this year, the DOJ announced the “stabilizing braces” final rule.
In addition to Senators Fischer, Kennedy, and Marshall, the resolution was cosponsored by U.S. Senators Mitch McConnell (R-Ky.), Bill Hagerty (R-Tenn.), Kevin Cramer (R-N.D.), Mike Lee (R-Utah), John Cornyn (R-Texas), Marsha Blackburn (R-Tenn.), James Risch (R-Idaho), Mike Crapo (R-Idaho), Ted Cruz (R-Texas), Rick Scott (R-Fla.), Markwayne Mullin (R-Okla.), Roger Wicker (R-Miss), Josh Hawley (R-Mo.), Thomas Tillis (R-N.C.), James Lankford (R-Okla.), Ron Johnson (R-Wis.), Tom Cotton (R-Ark.), Cindy Hyde-Smith (R-Miss), Steve Daines (R-Mont.), John Thune (R-S.D.), Joni Ernst (R-Iowa), Lindsey Graham (R-S.C.), J.D. Vance (R-Ohio), Mike Braun (R-Ind.), Todd Young (R-Ind.), John Boozman (R-Ark.), Cynthia Lummis (R-Wyo.), John Barrasso (R-Wyo.), Ted Budd (R-N.C.), John Hoeven (R-N.D.), Jerry Moran (R-Kan.), Rand Paul (R-Ky.), Mitt Romney (R-Utah), Chuck Grassley (R-Iowa), Dan Sullivan (R-Alaska), Bill Cassidy (R-La.), Mike Rounds (R-S.D.), Katie Britt (R-Ala.), Tommy Tuberville (R-Ala.), Eric Schmitt (R-Mo.), Pete Ricketts (R-Neb.), Shelley Moore Capito (R-W.Va.), and Marco Rubio (R-Fla.).
U.S. Representatives Andrew Clyde (R-Ga.) is introducing companion legislation in the House.
Fischer, Colleagues Introduce Resolution to Stop Biden Administration Pistol Brace Rule
