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DOJ/ATF | RIN: 1140-AA55 | Publication ID: Fall 2021 |
Title: Factoring Criteria for Firearms With an Attached Stabilizing Brace | |
Abstract:
The Department of Justice is planning to propose to amend the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to set forth factors considered when evaluating firearms with an attached stabilizing brace to determine whether they are considered firearms under the National Firearms Act and/or the Gun Control Act. |
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Agency: Department of Justice(DOJ) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 27 CFR 478 27 CFR 479 | |
Legal Authority: 18 U.S.C 921 to 931 26 U.S.C 5812 26 U.S.C 5822 26 U.S.C. 7801 26 U.S.C. 7805 |
Legal Deadline:
None |
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Statement of Need: This rule is intended to clarify when a rifle is intended to be fired from the shoulder and to set forth factors that ATF considers when evaluating firearms with an attached purported stabilizing brace to determine whether these are rifles under the GCA or NFA, and therefore whether they are firearms subject to the NFA. It amends the definition of rifle in 27 CFR 478.11 and 479.11, respectively, by adding a sentence at the end of each definition. The new sentence would 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, as indicated on ATF Worksheet 4999. |
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Summary of the Legal Basis: The Attorney General has express authority pursuant to 18 U.S.C. 926 to prescribe rules and regulations necessary to carry out the provisions of chapter 44, title 18, United States Code. The detailed legal analysis supporting the amendments in this rule are expressed in the abstract for the rule itself. |
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Alternatives: There are no feasible alternatives to the proposed rule that would allow ATF to maximize benefits. |
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Anticipated Costs and Benefits: The rule is a significant regulatory action that is economically significant under section 3(f) of Executive Order 12866, because the rule will have an annual effect on the economy of $100 million or more. The annualized cost of this proposed rule would be $114.7 million and $125.7 million, at 3 percent and 7 percent, respectively. This proposed rule would affect attempts by manufacturers and individuals to circumvent the requirements of the NFA and would affect the criminal use of weapons with a purported stabilizing brace. |
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Risks: Without this rule, public safety will continue to be threatened by the criminal use of such firearms, which are easily concealable from the public and first responders. |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: Yes | |
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. | |
RIN Data Printed in the FR: No | |
Agency Contact: Denise Brown Regulations Writer Department of Justice Bureau of Alcohol, Tobacco, Firearms, and Explosives 99 New York Avenue NE, Washington, DC 20226 Phone:202 648-7070 |