by The comment period on the BATFE’s proposed rule that would make virtually all firearms with a pistol brace a NFA item requiring both registration and a $200 tax closes tonight at 11:59pm Eastern Daylight Time.
If you have not submitted a comment, do it. The numbers are important and you know that Giffords, Brady, and the rest are pushing their useful idiots to submit comments. The latest reported number of comments was over 180,000. It needs to be more.
First, your comment needs to have the proposed rule number on it – ATF 2021R-08.
Second, while you can say “I oppose it” or “mah rights”, those will get overlooked. It is much better to pick one thing and expound on it. For example, you could say it discriminates against the disabled in violation of the Americans with Disability Act.
Third, the Second Amendment Foundation has put out a good “how to” list on making comments. Read it and then comments. Your comment need not be long.
Fourth, you might pick something from the public comments submitted by the SAF, the FPC, or the NRA and use that.
Fifth, use this link.
Finally, if all else fails, GOA has a pre-written comment which you can add on to that makes it easy to comment.
UPDATE: I have commented probably more than once. However, this is the comment that I submitted today. You can copy it if you wish.
Re: ATF 2021R-08
I object to the proposed rulemaking entitled “Factoring Criteria for Firearms With Attached “Stabilizing Braces””.
The factoring criteria are vague and contradictory. For example, what are features that prevent use as a shouldering device? Is it a spike that would make it painful to shoulder the pistol, is it a bare buffer tube for an AR pistol, or may it have a crutch tip on it? When you are creating factoring criteria for rulemaking that would involve criminal penalties, any hint of vagueness calls its constitutionality into question.
This rulemaking is not entitled to Chevron deference. As stated by Judge Karen Batchelor of the 6th Circuit Court of Appeals in GOA v. Garland, “But in 2014, the Court said, “we have never held that the Government’s reading of a criminal statute is entitled to any deference.” United States v. Apel, 571 U.S. 359, 369 (2014)(emphasis added) (citing Crandon v. United States, 494 U.S. 152, 177 (1990) (Scalia, J.,concurring in the judgment)). “Never” and “any” are absolutes, and the Court did not draw any distinctions, add any qualifiers, or identify any exceptions.”
By reclassifying pistols equipped with a brace that fail your vague factoring criteria as “short barreled rifles” as defined under Title 27 CFR Chapter II, §479.11 and thus must be registered under the Title 27 CFR Chapter II, §479.84 thru 86, you have now made it a criminal offense not to register and pay the tax on these pistols. Per 26 US 5871, violations carry a penalty of a $10,000 fine and up to 10 years imprisonment. If Congress wishes to add pistols equipped with arm braces to the National Firearms Act, that is their job and not yours.
Finally, the numbers of pistols with arms braces in circulation as described by the BATFE is approximately 2-3 million. This conflicts with both industry reports and that of the Congressional Research Service which puts estimates in the 10-40 million range. Your proposed rulemaking would thus make up to 40 million American citizens potential felons if this rule is adopted.