DOJ crafts model red flag legislation for states and may require registration for certain guns

by Jake Dima, Breaking News Reporter |
| June 07, 2021 04:43 PM
| Updated Jun 07, 2021, 05:26 PM


The Justice Department crafted red flag legislation for states to consider and issued a host of proposed changes to the classification of certain guns through the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

On Monday, the DOJ published "model legislation and detailed commentary" on "extreme risk protection orders," also known as red flag laws, which allow local law enforcement to seize guns from those deemed a threat to themselves or others prior to an appearance before a judge. It also drew attention to a possible ATF rule change that would alter the definition of a rifle-style pistol "when individuals use accessories to convert pistols into short-barreled rifles."

The change from pistol to short-barreled rifle likely will require gun owners to register their weapons under the National Firearms Act. The NFA tightly regulates short-barreled rifles, which are long guns with a barrel length shorter than 16 inches.

In order to buy one, a person must register that firearm with the ATF and pay a $200 tax. Gun manufacturers for years have been selling guns that have barrel lengths shorter than 16 inches, but they are equipped with pistol braces, which allow a shooter to stabilize his or her arm while firing, making the gun a handgun in the eyes of the ATF. This helps to avoid the registration hassle and fee to obtain a similar firearm.

The DOJ called the rifle-style pistols "dangerous and easily concealable weapons" and said the "department issued a notice of proposed rulemaking that would make clear that the statutory restrictions on short-barreled rifles apply to pistols that are equipped with certain stabilizing braces and intended to be fired from the shoulder. The National Firearms Act imposes heightened regulations on short-barreled rifles because they are easily concealable, can cause great damage, and are more likely to be used to commit crimes."

The ATF attempted a similar change on Dec. 18, though the agency was met with fierce backlash from the public, and the motion was later withdrawn on Dec. 23 after upward of 70,000 people made public comments against the measure. The ATF's proposal unveiled on Monday is also open for public comment.

“The Justice Department is determined to take concrete steps to reduce the tragic toll of gun violence in our communities,” Attorney General Merrick Garland said in a statement. “Today we continue to deliver on our promise to help save lives while protecting the rights of law-abiding Americans. We welcome the opportunity to work with communities in the weeks and months ahead in our shared commitment to end gun violence.”

On May 7, the ATF, at the order of Garland, issued another proposed rule change to alter the definition of a firearm receiver in a bid to hamper the proliferation of so-called ghost guns, which are homemade unserialized firearms made from purchased or 3D-printed components. The practice of making firearms at home is legal in nearly all states.

The two-pronged policy is in line with President Joe Biden's April gun control executive order. Biden has since nominated David Chipman to helm the ATF. The former agent has a history of gun control advocacy as a senior policy adviser for the gun control group Giffords, which was founded by former Democratic Rep. Gabby Giffords. Chipman has yet to be confirmed for the role.

“Today’s proposed rulemaking on pistol-braced firearms represents a gross abuse of executive authority,” said Aidan Johnston, director of federal affairs for Gun Owners of America. “Millions of otherwise law-abiding gun owners now will be forced to destroy, register, or surrender their lawfully-acquired pistol-braced firearms.”

https://www.washingtonexaminer.com/n...n-guns-pistols