Springfield Standard

Rep. Eric Burlison (R-MO) is among those celebrating as the House narrowly voted to approve HJRes44 which blocks the ATF requirement to register all guns with attached stabilizing braces as rifles.

"The ATF pistol brace rule is an assault on our Second Amendment rights. Proud to cosponsor and have voted for H.J. Res. 44 which would overturn the ATF's unconstitutional rule," Burlison wrote in a June 13 Twitter post.

Back in January, the Bureau of Alcohol, Tobacco, and Firearms (ATF) finalized a rule which would require that pistols with stabilizing braces be registered as short barrel rifles which would subject them to heavier regulation, according to the Washington Examiner. This was one of many gun regulations that came out of the Biden Administration following the 2021 mass shooting at a Boulder Colorado grocery store. The deadline for registration was May 31 and those that failed to register could face felony charges with up to 10 years in prison or a $10,000 fine.

The new rule faced significant backlash from firearms groups and Republican legislators who called the rule unconstitutional and an infringement of citizens’ rights. According to Fox News, critics pointed out that braces were originally designed so that veterans or other individuals with disabilities could use firearms. The Biden Administration claimed that such braces were dangerous and frequently used in mass shootings. In May, the Fifth Circuit Court of Appeals placed a temporary block on the rule.

The ATF published the rule, which amended the definition of a rifle to say "that the term 'designed, redesigned, made or remade, and intended to be fired from the shoulder' includes a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a 'stabilizing brace') that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder."

The ATF pointed out that braces meant to aid in disability use would not fall under this category as long as shoulder firing was not a possibility.

In March, Rep. Andrew Clyde (R-GA) introduced H.J.Res.44 in response to the ATF’s rule. The resolution "nullifies the rule issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives titled Factoring Criteria for Firearms With Attached 'Stabilizing Braces.'" The resolution passed as a joint bill in the House on June 13, with a vote of 219-210 in favor.

In his tweet, Burlison attached a video clip of him speaking on the subject and said, "Make no mistake, the ATF's rule is nothing short of an assault on our second amendment rights. Our Constitution does not grant the ATF the authority to unilaterally redefine what laws constitute a firearm. Because law making powers rest with the elected representatives of the American people."