EC Oklahoma News

U.S. Representative Josh Brecheen (R-OK) joins those celebrating as the House narrowly approves H.J.Res.44 which blocks the ATF requirement to register all guns with attached stabilizing braces.

"The Biden-ATF pistol brace rule violates both the Second Amendment which states 'the right of the people to keep and bear Arms shall not be infringed' and Article I, Section I of the Constitution which states 'All legislative Powers herein granted shall be vested in a Congress of the United States'”  the congressman said on Twitter. "Today, I voted in favor of @Rep_Clyde’s resolution to nullify this unconstitutional rule and defend Americans’ constitutional rights."

The Bureau of Alcohol, Tobacco, and Firearms (ATF) passed a rule in January of 2023 that regulated pistols with stabilizing braces that would require them to be registered as short barrel rifles, a heavily regulated form of firearm, the Washington Examiner reported. This was one of many gun regulations that came out of the Biden Administration after a 2021 mass shooting. When it was finalized by the ATF on January 31st, they gave a deadline of May 31st for all gun owners who had a pistol with such a brace to register their firearm, which is not required for pistols, the story said. If they did not, they could face up to 10 years in prison or a $10,000 fine along with a felony charge.

There was huge backlash, with many firearms groups and Republican legislators calling the rule unconstitutional and an infringement of citizens’ rights, Fox News reported. Many also cited the number of veterans or those with disabilities who use such additions to be able to use their firearms. The Biden Administration claimed such braces were too dangerous and too often used in mass shootings to continue unregulated. The regulation faced a lot of opposition along the way, with the Fifth Circuit Court of Appeals blocking the rule in May, Fox said.

The ATF published the rule, saying it had 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 agency said that other braces meant to aid in disability use would not fall under this category.

U.S. Rep. Andrew Clyde (R-GA) introduced H.J.Res.44 in March as legislation to oppose and counteract 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.

Brecheen posted a video clip of him addressing the matter on his Twitter, asking his fellow Representatives to raise their hands, showcasing how many of them were veterans of the armed forces. "For those who swore an oath to defend the constitution, for those who found themselves with a service related injury, being able to practice their second amendment rights, to defend their home, to defend their family, how egregious is it," that they are now facing restrictions on their rights, he said.