Reps. Hudson and Clyde Introduce Resolution to Repeal ATF’s Unconstitutional Pistol Brace Rule
WASHINGTON, D.C. – U.S. Representative Richard Hudson (R-NC), Rep. Andrew Clyde (GA-09), and 180 House Republicans introduced a Congressional Review Act (CRA) resolution to prevent the Biden Administration’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing an unconstitutional pistol brace rule. Sens. John Kennedy (R-LA) and Roger Marshall (R-KS) introduced the companion resolution in the Senate.
"This rule is a blatant overreach by the ATF and jeopardizes the rights of law-abiding gun owners, including disabled veterans across the country," said Rep. Hudson. “As a strong defender of the Second Amendment, I’m proud to join Rep. Clyde in introducing this legislation opposing the Biden Administration’s unconstitutional rule.”
The rule, titled Factoring Criteria for Firearms with Attached Stabilizing Braces, would reclassify pistols as short-barreled rifles if they have a stabilizing brace attachment, even though many disabled veterans and other Americans rely on these braces to use their firearms. Under this rule, otherwise lawful gun owners could face up to 10 years in jail and thousands of dollars in fines if they fail to register pistols with stabilizing braces with the ATF. If gun owners do not register their firearms, they would have to destroy the firearm, surrender their firearm to the ATF, or remove the brace in such a way that it cannot be reattached.
“Congress must swiftly move to block the ATF’s unconstitutional pistol brace rule, as this misguided measure turns millions of law-abiding gun owners, including many disabled veterans, into criminals for merely possessing legal firearms with stabilizing braces,” said Rep. Clyde. “This abuse of rule-making authority requires either registration or a ban of pistol-braced firearms, dangerously violating our Constitution and irresponsibly disregarding Congress’ sole legislative authority. Unquestionably, this is nothing more than a reckless attempt to advance President Biden’s ultimate goal of an unarmed America. As a fierce defender of our Second Amendment freedoms and one of the few Federal Firearms Licensees in Congress, I’m proud to help lead the fight against the ATF’s latest assault on our unalienable right to keep and bear arms.”
Read Fox News’ exclusive on the legislation HERE.
Rep. Hudson's efforts to repeal the ATF's rule is a part of his ongoing leadership in defending the Second Amendment in the 118th Congress. In January, Rep. Hudson reintroduced H.R. 38, the Concealed Carry Reciprocity Act, bipartisan legislation that would allow people with state-issued concealed carry licenses or permits to conceal a handgun in any other state, as long as the permit holder follows the laws of that state. Earlier this month, Rep. Hudson also co-sponsored the No REGISTRY Act which would prevent the federal government from building a federal firearms registry.
Rep. Hudson has been a vocal proponent against the ATF's unconstitutional rules regarding stabilizing braces:
- In December 2020, Rep. Hudson led 89 members of Congress on a letter to Attorney General William Barr and Acting ATF director Regina Lombardo regarding a proposed rule that would regulate pistol stabilizing braces. The rule was dropped following Rep. Hudson’s efforts.
- In June 2021, Rep. Hudson led 140 Members of the House of Representatives on a letter to Attorney General Merrick Garland and Acting ATF Director Marvin Richardson, urging the Department of Justice to again withdraw proposed guidance.
- In July 2021, Rep. Hudson hosted a press conference on the steps of the U.S. Capitol with fellow Republican leaders and military veterans to discuss how the regulation on pistol stabilizing braces proposed by the ATF would jeopardize the ability of disabled combat veterans to exercise their rights.