Rep. Andrew Clyde (R-GA) | clyde.house.gov
Rep. Andrew Clyde (R-GA) | clyde.house.gov
Rep. Andrew Clyde (R-GA) joined celebrations as the House narrowly voted to approve HJRes44 which blocks the ATF requirement to register all guns with attached stabilizing braces as rifles.
"BREAKING: The House just PASSED my resolution to strike down the ATF’s unconstitutional pistol brace rule with bipartisan support. This is a MAJOR WIN for service-disabled veterans in their fight against the Biden Administration’s latest tyrannical tactic," Clyde wrote in a June 13 Twitter post.
According to the Washington Examiner, the Bureau of Alcohol, Tobacco, and Firearms (ATF) finalized a rule in January of 2023 which requires that pistols with stabilizing braces be registered as short barrel rifles, a heavily regulated form of firearm. 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 pushback from firearms groups and Republican legislators calling 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, Clyde 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.
"Do they unapologetically defend Americans’ Second Amendment freedoms, or do they defend the Left’s dangerous goal of an unarmed America?" Clyde asked in a series of tweets before the vote took place, emphasizing what his bill would protect. He also issued a warning to legislators, "These are not difficult questions. But Americans across the country will undoubtedly take note of those that answer incorrectly."