SUMMARY
- Biden's pistol brace rule faces opposition from GOP and gun rights advocates, spurring legislative and legal disputes.
- The ATF's reclassification of pistols with stabilizing braces as short-barreled rifles has triggered a series of legal challenges, resulting in a temporary halt to the rule's full implementation.
- The congressional resistance to the rule has culminated in the passing of a House bill authored by Rep. Andrew Clyde (R-GA), aimed at overturning the ATF's rule.
At the heart of both congressional and legal disputes, President Joe Biden's pistol brace rule is under fire from GOP and gun rights advocates. These groups maintain that the measure encroaches upon the freedoms enshrined in the Second Amendment.
Last week, the house of GOP leadership was in turmoil over GOP-proposed legislation intended to revoke Biden's pistol brace rule. However, a fresh turn of events occurred on Tuesday, with the passing of a bill penned by Rep. Andrew Clyde (R-GA), marking an end to the freeze on legislative proceedings.
Let's delve into the rule that's causing all this commotion. The ATF, in January, classified pistols with stabilizing braces as short-barreled rifles subject to stringent regulation due to their precision and ease of concealment. This was one among several gun control measures that the Biden administration introduced in the wake of the tragic grocery store shooting in Boulder, Colorado in 2021. The rule necessitates the completion of a government registration by owners of firearms equipped with stabilizing braces by the end of May, with hefty fines and prison time as potential consequences for non-compliance.
However, this rule hasn't been without its fair share of legal challenges. The U.S. Court of Appeals for the 5th Circuit, in late May, halted the Biden administration's full implementation of the stabilizing brace regulations. A federal judge in Texas granted a preliminary injunction, pausing the ATF from enforcing the order, in response to a challenge from gun owners and Second Amendment groups such as the Firearms Policy Coalition, which deems the rule burdensome and unconstitutional.
Meanwhile, the rule has faced stern opposition from Republicans at the congressional level. Clyde, who characterizes the rule as unconstitutional, led the charge by sponsoring a resolution in March aimed at overturning the ATF's rule. He and other GOP members achieved a victory on Tuesday when his bill passed the House floor in a 219-210 vote.
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