PISTOL Act introduced to counter ‘rabid anti-gun nut’ Biden’s assault on the Second Amendment

WASHINGTON, DC – U.S. Rep. Bob Good (R-VA) has introduced the Protecting Individual Sovereignty Through Our Laws Act, or PISTOL Act. The legislation is intended to prevent the Biden Administration from “arduously regulating” pistol braces.

The congressman said the act clarifies that what constitutes a “pistol” is not subject to bureaucratic interpretation. The Virginia Republican commented on his bill:

“The right to keep and bear arms is not subject to arbitrary regulation, especially when the law was never intended to apply to firearm accessories.

“My bill would hold the Biden Administration accountable and prevent them from improperly classifying pistol braces or regulating them by decree.”

The PISTOL Act prohibits the ATF from classifying pistols featuring brace attachments as short-barreled rifles per the National Firearms Act. In addition, the PISTOL Act provides a legislative definition for pistols that allows them to be exempt from the NFA.

The bill was introduced on June 11 and was quickly praised by gun rights advocates. Chris Anders, Executive Director, Virginia Gun Rights Task Force, said:

“The Biden Administration poses the biggest threat to the Constitutional rights of freedom-loving Americans that we have seen in decades – and their unconstitutional attack on pistol braces sets a dangerous precedent for anti-gun legislators to further regulate firearm accessories in the future.

“The PISTOL Act is the right piece of legislation to fight back against their gun grab, and the National Association for Gun Rights applauds Rep. Bob Good and his work to prevent more draconian government regulation.

The Biden administration has mandated the Department of Justice issue a proposed rule to define the use of a pistol with a stabilizing brace as a short-barreled rifle, subject to National Firearms Act (NFA) regulation.

This would include a burdensome bureaucratic process with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), as well as paying a $200 NFA stamp tax.

The congressman’s bill aims at countering the mandate, arguing the National Firearms Act does not include a statutory definition of a “pistol.” The term is presently defined by ATF regulations.

In a press release, Rep. Good argues that because the ATF is a federal law enforcement agency, it has no power to enact policy or law. Under Biden’s mandate, however, the ATF must amend the definition of a pistol to exclude brace-equipped pistols, thus making them into short-barreled rifles.

Dudley Brown, president of the National Association for Gun Rights (NAGR), said the PISTOL Act protects gun owners from President Biden:

“I am grateful my friend Rep. Good has introduced this piece of legislation. Law-abiding gun owners are sick and tired of the ATF and the Biden administration chipping away at our right to keep and bear arms – and now that they want to turn millions of gun owners into felons overnight through their ridiculous pistol brace rule, this legislation couldn’t have come at a better time.

“With rabid anti-gun nut Joe Biden occupying the White House, it is crucial that gun owners in Virginia know their Second Amendment rights are being protected in Washington, DC.  Congressman Bob Good is doing just that with his introduction of the PISTOL Act. 

“Time and time again bureaucrats in Washington stand between law-abiding gun owners and their right to exercise a God-given right.  Virginia Gun Rights stands with Rep. Good and his pushback against another unconstitutional ban.”

In a press release issued by Brown, he wrote that NAGR and Virginia Gun Rights Task Force fully endorse Good’s PISTOL Act legislation:

“Considering how unstable things have become throughout America, it’s understandable why Americans are acquiring firearms accessories and bulk ammo. At the end of the day, the most proven form of defense from crime and other social maladies is a lawfully armed individual. 

“The government cannot always be counted on to defend people when they need it most.”

The PISTOL Act is cosponsored by: Lauren Boebert (R-CO), Andy Biggs (R-AZ), Ted Budd (R-NC), Lance Gooden (R-TX), Paul Gosar (R-AZ), Diana Harshbarger (R-TN), Scott Perry (R-PA), Matt Rosendale (R-MT), Jody Hice (R-GA), Matt Gaetz (R-FL), Russ Fulcher (R-ID), Tom McClintock (R-CA), Warren Davidson (R-OH), Fred Keller (R-PA), Randy Weber (R-TX), Greg Steube (R-FL), and Andy Harris (R-MD).

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Biden administration issues ‘gun confiscation order’ guidance to states on how to create red flag laws

June 13, 2021

 

WASHINGTON, DC – The Biden administration issued “proposed rulemaking” guidelines for states on restrictions to short-rifle accessories and guidance on how to create red-flag laws to restrict firearms, a move the National Rifle Association (NRA) calls “gun confiscation order” legislation.

The new guidelines sent to the states are intended to provide a template for states to follow in creating their own firearm restrictions. The “proposed rulemaking” targets accessories that allow the conversion of rifles and pistols into short-barrel rifles.

The legislative guidance to states is a blueprint to created red flag laws to restrict access to persons deemed by the state too dangerous to possess a firearm.

Attorney General Merrick B. Garland announced the “proposed rulemaking” guidance:

“The Justice Department is determined to take concrete steps to reduce the tragic toll of gun violence in our communities.

“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.”

The DOJ said the guidance was designed to make it easier for states to craft “extreme risk protection orders” authorizing courts to temporarily bar people in crisis from accessing firearms. The DOJ wrote:

“By allowing family members or law enforcement to intervene and to petition for these orders before warning signs turn into tragedy, ‘extreme risk protection orders’ can save lives.

“They are also an evidence-based approach to the problem. The model legislation, developed after consultation with a broad range of stakeholders, provides a framework that will help more states enact these sensible laws.”

In addition to the red-flag guidance, the DOJ issued a “notice of proposed rulemaking” to 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 DOJ comments:

“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.

“Companies now sell accessories that make it easy for people to convert pistols into these more dangerous weapons without going through the statute’s background check and registration requirements.

“These requirements are important public safety measures because they regulate the transfer of these dangerous weapons and help ensure they do not end up in the wrong hands. The proposed rule would clarify when these attached accessories convert pistols into weapons covered by these heightened regulations.”

The NRA quickly announced their opposition to the DOJ’s guidance and restrictions, viewing the move as an attack on the Second Amendment.

The NRA argued that the move by the Biden administration was a violation of Section 1 of the Fourteenth Amendment to the U.S. Constitution which provides that no state shall “deprive any person of life, liberty, or property, without due process of law.”

While objecting to the entire DOJ announcement, the NRA pointed to a specific section of the “proposed rule” as an unacceptable encroachment on a citizen’s Constitutional rights. The rule states:

“Court shall issue an emergency ex parte extreme risk protection order upon submission of an application by a petitioner, supported by an affidavit or sworn oral statement of the petitioner or other witness, that provides specific facts establishing probable cause that the respondent’s possession or receipt of a firearm will pose a (significant danger/extreme risk/other appropriate standard established by state law) of personal injury or death to the respondent or another person.” 

 

 

 

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Author: Scott A. Davis


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