The ATF has backed down in the face of overwhelming negative public comment and substantial Congressional pressure and is withdrawing its proposed “guidance” relating to pistols equipped with arm braces. The ATF posted the following:
Upon further consultation with the Department of Justice and the Office of the Deputy Attorney General, ATF is withdrawing, pending further Department of Justice review, the notice and request for comments entitled “Objective Factors for Classifying Weapons with ‘Stabilizing Braces’,” that was published on December 18, 2020. 85 FR 82516. As explained in the notice, the proposed guidance was not a regulation. The notice informed and invited comment from the industry and public on a proposed guidance prior to issuing a final guidance document.
The withdrawal of the guidance does not change any law, regulation, or other legally binding requirement.
Over 48,000 public comments had been received in less than a week, and over 90 Representatives and Senators (including Cocaine Mitch) had contacted the ATF questioning the legal basis for the guidance.
Given the substantial number of new gun owners over the past year, it will be interesting to see how much political capital the Xiden administration is willing to spend on suppression of Second Amendment rights.