Should Congress overturn rifle designation rulings made by the Department of Justice?

This bill has Passed the House of Representatives
Bill Summary

This bill, if passed, would reject the January 31, 2023, DoJ rule, titled Factoring Criteria for Firearms With Attached "Stabilizing Braces", which established criteria for categorizing guns with attached stabilizing braces as rifles that are subjected to additional regulation. Sponsor: Rep. Andrew Clyde (Republican, Georgia, District 9)
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Opponents say

   "The U.S. Justice Department has issued a final rule to properly classify firearms that are equipped with a “stabilizing brace” that makes them especially lethal. Guns equipped with this brace have been used in several horrendous attacks, including the March shooting that left three children and three adults at Covenant School in Tennessee dead. H.J. Res.44 would condemn the rule, sending the message that Congress is oblivious to the mass shootings that have turned the places where Americans work, shop, celebrate, and learn into killing fields." Source: National Education Association (NEA Letter Urges House to vote NO on Resolution Condemning a Gun Rule)

•    "The Administration strongly opposes H.J. Res. 44, Disapproving the U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives rule relating to "Factoring Criteria for Firearms with Attached 'Stabilizing Braces'". For decades, Federal law has placed stricter regulations on certain types of firearms, including short-barreled rifles. The rationale is clear: short-barreled rifles are more concealable than long guns, yet more dangerous and accurate at a distance than traditional pistols. For these reasons, they are particularly lethal, which is why Congress has deemed them to be dangerous and unusual weapons subject to strict regulation since 1934. Recently, however, the gun industry has circumvented this longstanding law by manufacturing and selling so-called “stabilizing braces” that convert heavy pistols into short-barreled rifles." Source: The White House (Press Release

•    "This resolution seeks to repeal reasonable restrictions on deadly weapons, at a time when gun violence is the leading cause of death for children and youth in the United States. H.J. Res. 44 would nullify the Biden-Harris administration’s stabilizing arm brace rule, which keeps dangerous firearms out of dangerous hands by requiring that guns equipped with stabilizing arm braces are subject to the same requirements as weapons with the same firepower. This rule makes it harder for individuals intending to inflict carnage and take lives to obtain these weapons, and it should remain in place in order to save more lives." Source: Rep. Betty McCollum (Democrat, Minnesota, District 4)

Proponents say

  "The NRA thanks the hundreds of U.S. Representatives that voted for H.J. Res. 44 for their leadership in protecting the rights of millions of law-abiding persons caught in ATF’s dragnet against braced pistols. NRA members and gun-rights supporters across the country are urged to contact their U.S. Senators and request that they vote “YES" on the Joint Resolution to block the pistol brace rule and underscore ATF’s overreach." Source: National Rifle Association (National Rifle Association, Institute for Legislative Action)


•   "Americans all over the country, including the USCCA’s 750,000 members, are deeply concerned about federal overreach aimed at restricting the right of responsible gun owners to defend themselves. It’s a credit to them that so many made their voices heard on this issue and demanded that Congress act.  They recognized that the ATF’s pistol brace rule threatens to turn millions of law-abiding gun owners into criminals overnight simply for owning firearm attachments that have been legal for over a decade.  The passage of H.J. Res. 44 shows that many Members of Congress were listening and understand the threat this rule poses." Source: Katie Pointer Baney (U.S. Concealed Carry Association)


•    "ATF rulemaking under the Biden Administration has increasingly and inappropriately encroached upon the Second Amendment rights of law-abiding citizens. The ATF’s recent rule shatters precedent that even the Obama Administration’s ATF recognized—that pistol braces serve a legitimate purpose and should not be subject to heavy-handed regulation.  I will continue to stand up for law-abiding citizens’ and veterans’ Second Amendment rights and refuse to let the Biden Administration regulate the firearms industry out of existence." Source: Rep. Mike Simpson (Republican, Idaho, District 2)