Congresswoman Claudia Tenney (NY-24) today voted in favor of H.J. Res. 44, a resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives relating to "Factoring Criteria for Firearms with Attached 'Stabilizing Braces."
This legislation, which Tenney cosponsored, passed the House by a vote of 219-210.
The stabilizing brace was invented in 2012 to assist disabled veterans that had difficulty controlling their firearms. After its creation, the brace was sent to the ATF for review to ensure that the brace did not change the firearm’s classification under federal law.
Under the Obama administration, the ATF ruled that adding a stabilizing brace to a firearm would not change its classification under federal law. However, now the Biden administration’s radical and weaponized ATF has reversed this longstanding policy in a blatantly politicized policy change that directly targets law-abiding gun and stabilizing brace owners.
The proposed regulation, known as Factoring Criteria for Firearms with Attached Stabilizing Braces, seeks to redefine pistols equipped with stabilizing brace attachments as short-barreled rifles (SBRs). This reclassification would impact an estimated 10-40 million Americans, according to the nonpartisan Congressional Research Service.
Stabilizing braces help individuals, particularly those with disabilities, safely and securely handle their firearms. By redefining pistols with stabilizing braces as SBRs, they would need to be registered with the ATF in addition to the application of expensive and onerous regulations.
Failure to comply with these new requirements would carry penalties of up to 10 years in prison and substantial fines. Stabilizing brace owners who do not register their pistol with a stabilizing brace would be required to either render their firearm inoperable, surrender it to the ATF, or detach the brace in a manner that prevents reattachment.
“The Biden administration’s pistol brace rule threatens to turn veterans and responsible, law-abiding gun owners into felons overnight,” said Congresswoman Tenney. “By passing this disapproval resolution, House Republicans are taking decisive action to prevent the Biden administration's overreach and infringement on the constitutional rights of all Americans, particularly the rights of our disabled veterans. This crucial disapproval resolution will work to prevent the Biden administration from unjustly radicalizing the ATF and turning lawful gun owners into felons by redefining pistols into SBRs.”
Read the full text of the resolution here.