F-111 John
Member
From the ATF website found here:
Here is the Proposed ATF Worksheet 4999 that scores a weapon based on objective criteria in much the same way the ATF scores a pistol for possible importation:
At least this time the ATF is proposing objective measurements in their determination of when a pistol crosses the line and becomes an SBR subject to the NFA tax and registration. something sorely lacking in their aborted December 2020 rulemaking attempt. But in proposed Worksheet 4999 there is this caveat:
[Emphasis added]
Such a caveat nullifies the entire proposed Worksheet, and in my opinion needs to be removed from the final rule. If a firearm scores under the proposed maximum allowable score, then it should be deemed a pistol, period.
Obviously I would much rather that the entire proposed rule be dropped entirely as an infringement upon the Second Amendment, but at least objective, independently measurable criteria are being proposed here.
On June 7, 2021, the Attorney General signed ATF proposed rule 2021R-08, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” amending ATF’s regulations to clarify when a rifle is “intended to be fired from the shoulder.”
The proposed rule outlines the factors ATF would consider when evaluating firearms equipped with a purported “stabilizing brace” to determine whether these weapons would be considered a “rifle” or “short-barreled rifle” under the Gun Control Act of 1968, or a “rifle” or “firearm” subject to regulation under the National Firearms Act.
What is Proposed in this Rulemaking?
The proposed rule would:
Read Proposed Rule 2021R-08 (PDF, 4.2 MB)
The proposed rule outlines the factors ATF would consider when evaluating firearms equipped with a purported “stabilizing brace” to determine whether these weapons would be considered a “rifle” or “short-barreled rifle” under the Gun Control Act of 1968, or a “rifle” or “firearm” subject to regulation under the National Firearms Act.
What is Proposed in this Rulemaking?
The proposed rule would:
- Amend the definition of “rifle” in 27 CFR 478.11 and 479.11, respectively, by adding a sentence at the end of each definition to clarify that the term “rifle” includes any weapon with a rifled barrel and equipped with an attached “stabilizing brace” that has objective design features and characteristics that indicate that the firearm is designed to be fired from the shoulder.
- Set forth a worksheet “Factoring Criteria for Rifled Barrel Weapons with Accessories commonly referred to as ‘Stabilizing Braces,’” ATF Worksheet 4999, to aid the firearms industry and public in understanding the criteria that ATF considers when evaluating firearm samples that are submitted with an attached “stabilizing brace” or similar component or accessory.
Read Proposed Rule 2021R-08 (PDF, 4.2 MB)
Here is the Proposed ATF Worksheet 4999 that scores a weapon based on objective criteria in much the same way the ATF scores a pistol for possible importation:
At least this time the ATF is proposing objective measurements in their determination of when a pistol crosses the line and becomes an SBR subject to the NFA tax and registration. something sorely lacking in their aborted December 2020 rulemaking attempt. But in proposed Worksheet 4999 there is this caveat:
NOTE: The Bureau of Alcohol, Tobacco, Firearms and Explosives reserves the right to preclude classification as a pistol with a “stabilizing braces” for any firearm that achieves an apparent qualifying score but is an attempt to make a “short-barreled rifle” and circumvent the GCA or NFA.
Obviously I would much rather that the entire proposed rule be dropped entirely as an infringement upon the Second Amendment, but at least objective, independently measurable criteria are being proposed here.