This joint resolution nullifies the rule issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives titled Factoring Criteria for Firearms With Attached "Stabilizing Braces" and published on January 31, 2023. The rule establishes criteria for determining whether a firearm equipped with an attached stabilizing brace that facilitates shoulder fire is a rifle subject to regulation (e.g., registration) under the National Firearms Act.

Rep. Andrew Clyde (R-GA) introduced a Congressional Review Act (CRA) resolution to prevent the Biden Administration’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing what bill sponsors claim is an unconstitutional pistol brace rule. Sens. John Kennedy (R-LA) and Roger Marshall (R-KS) introduced the companion resolution in the Senate.

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 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.”

“Millions of law-abiding Americans use pistol braces, and many of those Americans rely on braces because they are disabled. If Congress doesn’t correct the ATF’s misguided rule, countless law-abiding gun owners in Louisiana and other states will become criminals in the blink of an eye. The Biden administration’s assault on the Second Amendment isn’t going to stop unless we defend this fundamental liberty,” said Sen. Kennedy (R-LA).

Opponents of the Bill:

Opponents argue the ATF's rule is needed to maintain the heightened requirements Congress sought to impose on short-barreled rifles through the NFA. They note those weapons are more easily concealable than long-barreled rifles but have more destructive power than traditional handguns, and that parties should not be able to evade important public safety protections simply by adding accessories to pistols that transform them into more dangerous firearms. They also argue that the nation is experiencing an "epidemic" of gun violence, and that because Congress hasn't acted to address the issue the administration must do everything within its power to keep dangerous weapons out of the hands of criminals.

Should Congress pass H.J.Res.44, to revoke the ATF pistol brace rule?