House Republicans Allege ATF Overstepped Authority With Pistol Brace Rules

Justin Barrett, owner of Barrett Outdoors in Durant, Okla., displays an AK pistol with a stabilizing brace. On the counter next to him is a similar brace for an AR15 pistol. (Michael Clements/The Epoch Times)

Congressional Republicans grilled the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) during an April 26 hearing of the House Judiciary Committee.

Director Steven Dettelbach was called to answer questions about the ATF rule on stabilizing pistol braces and its so-called “zero tolerance” policy for federal firearms licensed dealers (FFLs).

Dettelbach has steadfastly claimed that ATF is enforcing the National Firearms Act as it was written and passed by Congress. He stated that the ATF is motivated by one goal.

“Everything we do begins and ends with public safety,” Dettelbach said. “We must do that while respecting our citizens’ constitutional rights, and we can.”

The rule and policy cited by the committee have been serious points of contention between Second Amendment Advocates and ATF over the past couple of years.

Steven Dettelbach testifies before the Senate Judiciary Committee during his confirmation hearing to be the next director of the Bureau of Alcohol, Tobacco, Firearms and Explosives in the Dirksen Senate Office Building on Capitol Hill in Washington on May 25, 2022. (Chip Somodevilla/Getty Images)

Democrats accused Republicans of ignoring the problem of gun violence, saying that stabilizing braces had been used in recent mass shootings.

Rep. Sheila Jackson Lee (D-Texas) said, if the Republicans have their way, local law enforcement agencies would lose a valuable resource.

“My friends on the other side of the aisle want to abolish the ATF,” she said.

Rep. Ken Buck (R-Colo.) denied that he wants to shut down the ATF. Buck said he wants the agency to get back to enforcing the law and to let the Legislative Branch write the law. According to Buck, legislators are directed by their constituents, [and] the ATF should be directed by the law. 

“When we pass a law, we have a consensus in this country. When you pass a rule, you don’t,” Buck told Dettelbach.

Rep. Adam Schiff (D-Calif.) delivers remarks during a House Select Committee hearing on the Jan. 6 Capitol breach in the Cannon House Office Building in Washington, on Oct. 13, 2022. (Drew Angerer/Getty Images)

Rep. Adam Schiff (D-Calif.) said Republicans are pursuing policies to protect the firearms industry to the detriment of society.

“I’m sure they don’t actually want more cops and kids to die, but it’s the effect of their actions, of their inactions,” Schiff said.

Republicans countered that the ATF had issued conflicting rules leaving Americans unsure of whether they are in compliance with the law from one day to the next.

Committee Chairman Rep. Jim Jordan (R-Ohio) cited conflicting letters ATF issued concerning pistol braces. He said ATF’s flip-flopping will make many law-abiding citizens into felons.

“You told them not once, but twice, that it was OK. I’m just asking, does it bother you now that you’re making a change that will impact millions of Americans?” Jordan asked.

Dettelbach said the braces changed over time. He said the first pistol brace presented to ATF is different from subsequent iterations and it was necessary to address the individual products as they were presented.

Stabilizing Braces Invented in 2012

The stabilizing pistol brace was introduced in 2012 to assist shooters with disabilities and others who may need help shooting large-format pistols. The brace attaches to the rear of the pistol and the shooter’s forearm.

In 2014, the ATF received requests from law enforcement and firearms dealers about the possible reclassification of pistols equipped with stabilizers as short-barreled rifles (SBR). SBRs are illegal under the National Firearms Act (NFA).

The ATF issued a series of open letters stating that the braces did not change pistols into SBR. However, the most recent rule said that changes in the braces’ design and information disseminated on how to use them make clear that the items turn pistols into prohibited SBRs.

Individuals who own pistols equipped with braces have until May 31 to register their weapon, remove the brace or install a longer barrel on the gun.