Gun control by executive order continues to march forward.

The ATF has already issued its final rule on so-called “ghost guns.” It is set to go into effect in August. And according to a status report on a federal lawsuit, the ATF will issue final rules on pistol braces in December.

Both of these restrictions stem from executive orders issued by President Joe Biden earlier this year.

The first rule relates to “80 percent lowers.” These are basically unfinished firearm parts that you can use to build your own gun. Because 80 percent lowers fall outside of the FFL process, they effectively allow the private manufacture of unregistered rifles. Some people refer to them as “ghost guns.” The new rule will require dealers who sell 80 percent lowers to hold a federal firearms license. They will be required to run background checks and ensure the parts are traceable. This will likely put many dealers out of business.

The second rule will place regulations on “pistol braces.” This device serves as a stabilizer that enables a shooter to fire with one hand. Pistol braces are popular with disabled people who can’t use both arms. But the feds claim they are dangerous firearm accessories.

Under the proposed regulation issued by the ATF in June 2021, pistol braces will fall under the National Firearms Act as “short-barrelled rifles.” This is the same law used to regulate machine guns, silencers, and barreled rifles. The rule won’t ban pistol braces, but it will require anybody that has one to register it with the feds. This will come with a $200 tax, and it can take up to one year to complete the registration. In effect, it registers the gun with the federal government.

According to a status report on Second Amendment Foundation v. Bureau of Alcohol Tobacco and Firearms, the ATF received 211,564 comments during the public comment period on the proposed pistol brace rule.

“The agency has since processed all of those comments and is presently in the process of drafting the final rule, which includes preparing responses to comments and engaging in other deliberative activities. The agency currently expects to publish a final rule in December 2022.”

The federal government lacks the constitutional authority to regulate pistol braces or 80 percent lowers. There is no delegated power for registering firearms accessories or parts, and the Second Amendment slams the door on such federal action completely.

It is clear constitutional scruples won’t stop this federal gun control – or any federal gun control that might come down the pike in the future. But state action can stop it dead in its tracks. You can read more HERE.

Mike Maharrey

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