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Firearms Policy Coalition attorney discuss Congress demand letter to ATF to appear before House Judiciary Committee to explain why the Pistol Brace Rule doesn't violate the Second Amendment in light of Supreme Court's Bruen ruling - https://rumble.com/v2cqew1-short-ba...ce-rule-defies-supreme-court-decision-an.html
- Since the Final Rule on Pistol Brace was published, ATF has been sued by multiple states and organizations - https://www.thehighroad.org/index.php?threads/17-states-join-goa-gof-and-sue-atf’s-new-firearms-rule-on-80-percent-kits.908730/page-2#post-12546278
- In the Final Rule, ATF expanded the regulatory definition of "rifle" to make pistols with braces now as SBR, which are regulated under the NFA restrictions
- House Judiciary Committee Chairman Jim Jordan on 3/6/23 sent ATF chief Steve Dettelbach a letter to appear before Congress - https://judiciary.house.gov/sites/e...jdj-massie-to-atf-dettelbach-re-testimony.pdf
Dear Director Dettelbach:
The Committee on the Judiciary continues to conduct oversight of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). We have written the ATF with several requests for information and documents regarding the agency’s efforts to regulate firearms through the rulemaking process. We have additional questions, for which we write to request testimony from relevant ATF employees.
The ATF’s lack of transparency comes after the agency issued a final rule banning stabilizing pistol braces, and as the agency continues to shut down lawful businesses through the “zero-tolerance” policy for federal firearms dealers (FFLs). Just last year, the United States Supreme Court held in West Virginia v. Environmental Protection Agency that under the major questions doctrine, “given both separation of powers principles and a practical understanding of legislative intent, the agency must point to ‘clear congressional authorization’ for the authority it claims.” This ruling raises serious doubts about ATF’s ability to regulate pistol braces absent a clear mandate from Congress.
To advance the Committee’s oversight, we would invite you to testify during a hearing of the Committee on Wednesday, April 26, 2023, at 10:00 a.m. This hearing will be an opportunity for the Committee to hear directly from you, as the head of the agency, about the decisions that led the ATF to implement these controversial policies. In addition, this hearing will allow Members to learn more about the reversal of years of previous ATF opinions in regulating firearms with stabilizing braces.
Additionally, in order to advance the Committee’s ongoing oversight responsibilities, we require testimony from ATF employees. We ask that you please make the following ATF employees available for transcribed interviews:
The Committee on the Judiciary is authorized to conduct oversight of the Bureau of Alcohol, Tobacco, Firearms and Explosives pursuant to the Rules of the House of Representatives. If you have any questions and to schedule these requests, please contact Committee staff at (202) 225-6906. Thank you for your prompt attention to this matter.
Sincerely,
Jim Jordan/Thomas Massie - Chairman, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust
The Committee on the Judiciary continues to conduct oversight of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). We have written the ATF with several requests for information and documents regarding the agency’s efforts to regulate firearms through the rulemaking process. We have additional questions, for which we write to request testimony from relevant ATF employees.
The ATF’s lack of transparency comes after the agency issued a final rule banning stabilizing pistol braces, and as the agency continues to shut down lawful businesses through the “zero-tolerance” policy for federal firearms dealers (FFLs). Just last year, the United States Supreme Court held in West Virginia v. Environmental Protection Agency that under the major questions doctrine, “given both separation of powers principles and a practical understanding of legislative intent, the agency must point to ‘clear congressional authorization’ for the authority it claims.” This ruling raises serious doubts about ATF’s ability to regulate pistol braces absent a clear mandate from Congress.
To advance the Committee’s oversight, we would invite you to testify during a hearing of the Committee on Wednesday, April 26, 2023, at 10:00 a.m. This hearing will be an opportunity for the Committee to hear directly from you, as the head of the agency, about the decisions that led the ATF to implement these controversial policies. In addition, this hearing will allow Members to learn more about the reversal of years of previous ATF opinions in regulating firearms with stabilizing braces.
Additionally, in order to advance the Committee’s ongoing oversight responsibilities, we require testimony from ATF employees. We ask that you please make the following ATF employees available for transcribed interviews:
1. Daniel Board, Chief of Staff;
2. Justin O’Connell, Acting Assistant Director, Public & Government Affairs; and
3. Megan Bennett, Deputy Assistant Director.
Please direct your staff to confirm your appearance before the Committee and begin to schedule these interviews as soon as possible, but no later than 5:00 p.m. on March 13, 2023.2. Justin O’Connell, Acting Assistant Director, Public & Government Affairs; and
3. Megan Bennett, Deputy Assistant Director.
The Committee on the Judiciary is authorized to conduct oversight of the Bureau of Alcohol, Tobacco, Firearms and Explosives pursuant to the Rules of the House of Representatives. If you have any questions and to schedule these requests, please contact Committee staff at (202) 225-6906. Thank you for your prompt attention to this matter.
Sincerely,
Jim Jordan/Thomas Massie - Chairman, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust