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Tuesday, December 24, 2024

Hudson’s Pistol Brace Bill Expected to be Brought to the House Floor Next Week

Hudson

Congressman Richard Hudson | Richard Hudson Official Website

Congressman Richard Hudson | Richard Hudson Official Website

U.S. Representative Richard Hudson (R-NC) on June 8 released the following statement on the Congressional Review Act (CRA) resolution to block the Biden Administration’s unconstitutional pistol brace rule ahead of its expected vote on the House Floor next week: 

“This blatant attack on our rights by President Biden’s ATF must be stopped,” said Rep. Hudson. “Their plan is to turn millions of law abiding gun owners and combat disabled veterans into felons overnight. I am proud to lead this legislation with Rep. Clyde and thank Leader Scalise for his work to bring it forward.”

In March, Rep Hudson and Rep. Andrew Clyde (GA-09) introduced a CRA resolution to prevent the Biden administration’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing an unconstitutional pistol brace rule.

The rule, titled Factoring Criteria for Firearms with Attached Stabilizing Braces, would reclassify pistols as short-barreled rifles if they have a stabilizing brace attachment, even though many disabled veterans and other Americans rely on these braces to use their firearms. Under this rule, otherwise lawful gun owners could face up to 10 years in jail and thousands of dollars in fines if they fail to register pistols with stabilizing braces with the ATF. If gun owners do not register their firearms, they would have to destroy the firearm, surrender their firearm to the ATF, or remove the brace in such a way that it cannot be reattached. 

Rep. Hudson has been a vocal proponent against the ATF's unconstitutional rules regarding stabilizing braces:

  • In December 2020, Rep. Hudson led 89 members of Congress on a letter to Attorney General William Barr and Acting ATF director Regina Lombardo regarding a proposed rule that would regulate pistol stabilizing braces. The rule was dropped following Rep. Hudson’s efforts.
  • In June 2021, Rep. Hudson led 140 Members of the House of Representatives on a letter to Attorney General Merrick Garland and Acting ATF Director Marvin Richardson, urging the Department of Justice to again withdraw proposed guidance.
  •  In July 2021, Rep. Hudson hosted a press conference on the steps of the U.S. Capitolwith fellow Republican leaders and military veterans to discuss how the regulation on pistol stabilizing braces proposed by the ATF would jeopardize the ability of disabled combat veterans to exercise their rights.

Rep. Hudson's efforts to repeal the ATF's rule is a part of his ongoing leadership in defending the Second Amendment in the 118th Congress. 

  • In January, Rep. Hudson reintroduced H.R. 38, the Concealed Carry Reciprocity Act, bipartisan legislation that would allow people with state-issued concealed carry licenses or permits to conceal a handgun in any other state, as long as the permit holder follows the laws of that state.
  • In March, Rep. Hudson also co-sponsored the No REGISTRY Act which would prevent the federal government from building a federal firearms registry

Read what they are saying about Reps. Hudson and Clyde’s pistol brace CRA:

“The Biden Administration has unleashed unelected bureaucrats in the ATF to criminalize firearm ownership for millions of Americans. This is an unconstitutional assault on the Second Amendment and another example of President Biden’s weaponization of the federal government against hard-working American families. Americans are already seeing this administration attempt to wrap red tape around every aspect of their daily lives, from the cars they drive to the stoves they use. This attempt to penalize firearm ownership is just another example of radical executive overreach. What unalienable rights will the federal government target next? I want to thank Rep. Andrew Clyde and Rep. Richard Hudson for leading on this important legislation to defend our right to bear arms and shut down another Biden power grab. House Republicans will always fight to protect the constitutional rights of American families,” said House Majority Leader Steve Scalise.

“After finalizing its pistol stabilizing brace rule in January, the weaponized ATF proved it has zero fidelity to the U.S. Constitution. This unlawful rule flagrantly violates both Americans’ Second Amendment rights and Congress’ sole legislative authority by using executive fiat to turn millions of law-abiding gun owners — including many service-disabled veterans — into criminals for simply attaching a piece of plastic to their firearm. As a staunch advocate for our God-given Second Amendment freedoms, I’m fighting this tyranny in Congress through my resolution, H.J.Res. 44, which blocks the ATF’s unconstitutional rule, impedes the Biden Administration’s shameless government overreach, and protects Americans’ constitutional right to keep and bear arms. I thank Rep. Richard Hudson for co-leading this vital effort with me, and I applaud leadership for their commitment to bring H.J.Res. 44 to the House floor for a vote next week. By passing this critical legislation next Tuesday, we will send a strong message to both the judicial system and the nation that Congress firmly rejects the ATF’s pistol stabilizing brace rule,” said Rep. Andrew Clyde.

“ATF’s arbitrary rule for pistols equipped with stabilizing braces reversed over a decade of agency guidance and rulings that millions of law-abiding American gun owners had relied upon,” said Randy Kozuch, Executive Director, National Rifle Association Institute for Legislative Action. “The NRA supports H.J.Res.44 and urges all members of the U.S. House of Representatives to overturn ATF’s unlawful brace rule and block the agency from reissuing the same rule in the future. NRA members and law-abiding gun owners all across America are grateful for Rep. Scalise's and Rep. Clyde's leadership on this issue.” 

“GOA is incredibly supportive of this effort by Majority Leader Scalise to vote on Rep. Clyde’s bill to block the draconian Biden Pistol Brace Rule. ATF far exceeded their authority with this rulemaking, and it's critical that Congress send this message to the president and the Courts. Otherwise, the Biden ATF will continue to weaponize the outdated National Firearms Act to arbitrarily change definitions and attack supporters of the Second Amendment," said Erich Pratt, Senior Vice President, Gun Owners of America.

“NSSF is grateful to Majority Leader Steve Scalise for shepherding Representatives Andrew Clyde’s and Richard Hudson’s House Joint Resolution 44 to a floor vote. The firearm industry is deeply concerned with the Biden administration’s abuse of the rulemaking process to turn millions of lawful firearm owners and members of the firearm industry into criminals with the mere stroke of a pen. The ATF many years ago determined stabilizing brace equipped pistols, initially designed to assist wounded warrior veterans to shoot safely and accurately, were not regulated by the National Firearms Act. The anti-gun whims of this administration changed all that by executive fiat. Four separate federal courts have issued preliminary injunctions against enforcing this final rule against the plaintiffs in those cases finding they were likely to win on the merits that the Executive Branch was overstepping its constitutional authority and infringing on the role of the Legislative Branch to make law. NSSF wholeheartedly supports this resolution for Congress to reassert its role and authority in drafting law,” said Lawrence G. Keane, Senior Vice President and General Counsel, National Shooting Sports Foundation.

“189 Members of the House, led by Representatives Clyde and Hudson, are holding the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to account from their unconstitutionally arbitrary and capricious gun-grab of the very firearms disabled veterans use to safely and securely operate those guns. National Defense Committee salutes Representatives Clyde and Hudson for their leadership on H. J. Res. 44, and salute Leader Scalise for committing the House to vote on this important reclamation of Congress’ legislative powers next week. National Defense Committee and the other supporting veteran organizations stand ready to assist these leaders in getting H. J. Res. 44 passed,” said Bob Carey, CAPT, USN (Ret), Executive Director, National Defense Committee.

“Hero Hunt fully supports the announcement by Congressional Leadership to hold a vote by Congress soon to invalidate the rule using the Congressional Review Act, which will send a strong message that the legislature stands with disabled veterans and millions of law-abiding gun owners across the United States.This ban would disproportionately harm the disabled veterans and first responders that we represent and their ability to safely use firearms for recreation purposes. Hero Hunt, Inc. is based in Nashville, TN and organizes exciting and therapeutic game hunts for disabled veterans and first responders from across the country which offer healing, understanding, and camaraderie to those who have served our country and our citizenry so valiantly," said Joe Towers, Founder & CEO, Hero Hunt. "We sincerely appreciate the efforts of House leadership, Reps. Kevin McCarthy (Speaker of the House, R-CA), Tom Emmer (Majority Whip, R-MN), and Steve Scalise (Majority Leader, R-LA), and the sponsors of the CRA in the House, Andrew Clyde (R-GA) and Richard Hudson (R-NC).”

"FRAC has been at the forefront of the fight for regulatory Accountability, Transparency, and Fairness in response to ATF’s promulgation of Final Rule 2021R-08F. By effectively banning the use of widely-popular stabilizing braces on pistols, ATF reversed a decade of agency precedent and launched a direct attack on tens of millions of law-abiding gun owners, Veterans, and companies that relied on ATF’s guidance. FRAC fully supports this effort by Congress to invalidate the rule using the Congressional Review Act, which will send a strong message that the legislature will not tolerate federal agencies overstepping their Congressionally enacted authority. We sincerely appreciate the efforts of House leadership, Reps. Kevin McCarthy (Speaker of the House, R-CA), Tom Emmer (Majority Whip, R-MN), and Steve Scalise (Majority Leader, R-LA), and the sponsors of the CRA in the House, Andrew Clyde (R-GA) and Richard Hudson (R-NC). We also wish to thank Jim Jordan (Chairman, R-OH), the Republican members of the House Judiciary Committee and every other Office in the House that has supported us through this process," said Travis R. White, President & CEO, Firearms Regulatory Accountability Coalition (FRAC).

"SB Tactical commends House Leadership for holding a vote on the Congressional Review Act resolution related to the ATF’s unlawful Stabilizing Brace Rule. The Rule is a gross overreach of the Bureau’s authority and places millions of law-abiding Americans, including many disabled veterans and people with diminished physical capacity, in legal jeopardy by retroactively banning or forcing the registration of millions of pistols equipped with stabilizing braces, contrary to federal statutes enacted by Congress. SB Tactical would like to specifically thank House leadership, Rep. Kevin McCarthy (R-CA), Rep. Tom Emmer (R-MN), and Rep. Steve Scalise (R-LA), the sponsors of the CRA in the House, Rep. Andrew Clyde (R-GA) and Rep. Richard Hudson (R-NC), as well as Rep. Jim Jordan (R-OH), Rep. Thomas Massie (R-KY), and all the Republican members of the House Judiciary Committee for their efforts," said Alex Bosco, Founder, SB Tactical.

Original source can be found here.

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