GOP congressman pledges to use obscure law to block Biden’s ATF from banning pistol braces
02/01/2023 // JD Heyes // Views

Most Democrats have rarely met a gun control measure they didn't like, and a new one that Joe Biden's Bureau of Alcohol, Tobacco, Firearms, and Explosives is attempting to implement is no exception.

Though firearms that sport pistol braces have long been considered legal weapons to own, under the current regime, they are now suddenly deemed illegal and, thus, owners will have to either turn them in to local law enforcement, have their guns registered, or face fines and potential prison sentences.

That is, unless a Republican congressman has his way.

Breitbart News firearms correspondent Awr Hawkins noted this week:

Rep. Andrew Clyde (R-GA) announced Monday he will use the Congressional Review Act against the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF’s) pistol/stabilizer brace rule. Breitbart News reported that the ATF’s pistol/stabilizer brace rule was finalized January 13, 2023, and that the agency is giving owners of pistols with said braces 120 days to register the firearms, once the rule appears in the Federal Registry.

On January 14, 2023, Breitbart News noted that the Congressional Review Act offered an avenue by which Congress could block the ATF’s rule. Rep. Clyde and his colleagues are ready to use the Congressional Review Act and other means to stop the rule from turning millions of law-abiding gun owners into criminals.

"Next week, I will reintroduce the Stop Harassing Owners of Rifles Today Act, or the SHORT Act, to repeal elements of the National Firearms Act, thereby prohibiting the ATF from registering and banning pistols with stabilizing braces," Clyde said in a statement, according to the outlet. "Additionally, as soon as the ATF’s unlawful rule is published to the Federal Register, I will introduce a resolution of disapproval under the Congressional Review Act, to override the Biden administration’s unlawful overreach."


He added in a tweet featuring a video clip of him addressing the issue on the House floor: "Gun owners, hear me loud and clear: We’re fighting for you and your Second Amendment freedoms—and we will never give up."

The left-leaning Brookings Institute described the statute Clyde plans to use: "Passed as part of the Contract with America Advancement Act of 1996, the Congressional Review Act creates a streamlined procedure by which Congress can disapprove and thereby nullify regulations promulgated by various federal government agencies. The Congressional Review Act requires that all rules be reported to Congress. Upon receiving that report, Congress then has 60 legislative working days (which is generally a much longer period than 60 calendar days) to introduce a special joint resolution of disapproval of the rule.

"That resolution can be discharged from committee and can avoid the Senate’s filibuster, thereby empowering Congress to contend with the administrative state’s vast rulemaking powers on something closer to an equal footing," the description added.

The U.S. Government Accountability Office further explains the Congressional Review Act this way: “The Congressional Review Act allows Congress to review ‘major’ rules issued by federal agencies before the rules take effect. Congress may also disapprove new rules, resulting in the rules having no force or effect.”

The Biden rule was two years in the making. Lone Star Gun Rights reported in November 2020, just days after the election, which was not yet decided:

The elections are far from over and Biden’s victory is nothing more than a unilateral declaration. This is true except for the ATF which is secretly transitioning itself to be in a position to restrict gun ownership under the Biden administration. 

ATF’s Acting Director Regina Lombardo disclosed during a conference call on November 10, 2020, that Biden’s transition team reached out to discuss ATF’s top priorities. An insider disclosed that 80% lower receivers and pistol braces would be her priority.

Ammoland added that at present, “there are currently multiple millions of pistol braces owned by law-abiding American gun owners."

Sources include:

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