Oklahoma Senator Rejoins Pistol Brace Battle by Reintroducing His Own Bill

Oklahoma Senator Rejoins Pistol Brace Battle by Reintroducing His Own Bill
Sen. James Lankford (R-Okla.) speaks in Washington on Sept. 16, 2020. (Anna Moneymaker/AFP via Getty Images)
Michael Clements
2/9/2023
Updated:
2/9/2023
0:00

Sen. James Lankford (R-Okla.) has reintroduced his Pistol Brace Protection Act that would exempt the stabilizers from the National Firearms Act (NFA).

Lankford’s bill, first introduced in 2022, would nullify the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recently announced rule on the devices.

“ATF consistently finds new ways to manipulate the NFA, so it’s difficult and burdensome to be a law-abiding gun owner. Law-abiding gun owners are counting on us to proactively protect their rights and their use of pistol braces,” Lankford wrote in a statement released on Feb. 9.

Pistol-stabilizing braces first hit the market in 2012 to help disabled shooters. The ATF approved the design initially for pistols built on the AR-15 platform.

Eventually, the inventor started producing and selling braces for other large-format pistols, free from NFA restrictions. It has been estimated that up to 40 million pistol braces have been sold.

Justin Barrett, owner of Barrett Outdoors in Durant, Okla., displays some pistol stabilizing braces. (Michael Clements/The Epoch Times)
Justin Barrett, owner of Barrett Outdoors in Durant, Okla., displays some pistol stabilizing braces. (Michael Clements/The Epoch Times)

The ATF has ruled that a stabilizing brace changes the intended use of a pistol. The most recent rule is 293 pages long and, some say, virtually ensures that any pistol with a stabilizing brace will be considered an illegal short-barreled rifle (SBR).

Lankford’s proposal was endorsed by the National Rifle Association.

“Sen. Lankford recognized early the threat posed by the Biden administration’s pistol brace rule on law-abiding gun owners. His legislation would thwart this unconstitutional regulation and prevent millions of lawful American gun owners from becoming felons overnight,” said Jason Ouimet, executive director of the National Rifle Association’s Institute for Legislative Action.

“We fully support Sen. Lankford’s legislation and thank him for his leadership on this important issue.”

Despite the current makeup of Congress and President Joe Biden’s position on gun rights, Lankford and Second Amendment advocates say it’s important to keep up the fight. Lankford’s bill is just one action in a series of bills and legal actions in response to the ATF’s controversial rule.

Sen. Roger Marshall (R-Kan.) has introduced the Stop Harassing Owners of Rifles Today Act. Marshall’s bill would remove SBRs, short-barreled shotguns, and all other weapons from the NFA. Enforcement of the NFA is one of ATF’s chief responsibilities.

The NFA defines an SBR as a rifle with an overall length shorter than 26 inches or a barrel less than 16 inches in length.

Rep. Morgan Griffith (R-Va.) has filed HR 173, the Home Defense and Competitive Shooting Act. Griffith’s bill would remove SBRs from the definition of firearms under the NFA. Griffith’s bill has seven co-sponsors.

A pistol-stabilizing brace is seen in this undated photo. (Michael Clements/The Epoch Times)
A pistol-stabilizing brace is seen in this undated photo. (Michael Clements/The Epoch Times)

The Firearms Policy Coalition, Second Amendment Foundation, Gun Owners of America (GOA), and other groups have sued to have the rule struck down.

Aidan Johnston, director of federal affairs for GOA, said their goal is to get the court to issue an injunction by May 31. That’s the end of a so-called 120-day “amnesty” period.

Under the rule, owners have until then to turn in their pistol brace-equipped firearms, register them with the ATF, or destroy or disable the braces.

Johnston said the ultimate objective is the repeal of the NFA.

“Gun Owners of America has been categorically opposed to the National Firearms Act of 1934 infringements since we were founded in 1976. GOA is optimistic that legislators may finally understand the need for legislation such as the Stop Harassing the Owners of Rifles Today Act to repeal these old federal barrel-length restrictions and unconstitutional gun registry to restore the Second Amendment,” Johnston wrote in an email to The Epoch Times.

In his statement, Lankford called on Congress to defend the Second Amendment and Americans’ property rights.

“This rule makes it so that millions of law-abiding gun owners have to either pay a tax and register their pistol brace or surrender it to ATF,” Lankford’s statement reads.

“This is a significant shift in policy, and Congress should not allow ATF to get away with confiscating or registering devices that have long been considered exempt from NFA regulation.”

Michael Clements is an award-winning Epoch Times reporter covering the Second Amendment and individual rights. Mr. Clements has 30 years of experience in media and has worked for outlets including The Monroe Journal, The Panama City News Herald, The Alexander City Outlook, The Galveston County Daily News, The Texas City Sun, The Daily Court Review,
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