For a compelling breakdown of this topic, CLICK HERE to hear Michael Ware of Iowa Firearm Coalition discuss the ATF Pistol Brace rule on “The Newsline”, NewsTalk 1540 KXEL radio, yesterday. It is well worth a listen, as he brings to light the more insidious potential effects from implementation of this rule which may not have occurred to you.
THE BACKGROUND
Back in November of 2012, a Federal Firearms Licensee submitted the first forearm stabilizing brace to the Bureau of Alcohol, Tobacco & Firearms (ATF), asking if affixing this device to an AR-style pistol would change the pistol’s classification under Federal firearms rules. The submitter explained that the purpose of these stabilizing braces is to assist shooters with disabilities or those with limited strength to fire heavy pistols.
The ATF reviewed the submission and determined that pistol braces did not change the classification of the firearm (i.e., did not make it a regulated firearm and no NFA Tax Stamp or registration of the firearm was required).
Over the course of the next decade, many manufacturers devised pistol braces to assist shooters with control and improve their ability to shoot accurately. Many returning wounded veterans would not be able to shoot a firearm without these braces. Over the course of more than ten years, countless shooters purchased these – some for multiple firearms, to improve accuracy and stability. While the ATF estimates that there are approximately three million of these braces currently affixed to firearms, industry experts think that number is exceedingly low.
“At least three million guns with stabilizing braces are in circulation in the U.S., according to the ATF. Estimates by the Congressional Research Service indicate there are currently between 10 million and 40 million stabilizing braces in circulation.”
Whatever the number, the point is that these braces were added to firearms after the ATF held (for more than ten years), that they are perfectly legal.
HOWEVER, and without ANY legal action taken by Congress, the ATF made a new determination that because these braces being affixed to AR pistols lengthened the firearm and were intended to be shot from the shoulder, NOW those braces did, in fact, change the classification of the firearm to one falling under the NFA (requiring registration).
This new rule was eventually signed by U.S. Attorney General, Merrick Garland, (who was coincidentally sworn into office in March of 2021). The rule became effective on January 31, 2023. The ATF unilaterally proclaimed that “Previous ATF classifications involving “stabilizing brace” attachments for firearms are superseded and considered null and void effective January 31, 2023”. Meaning that, since January 2023, a stabilizing brace has been illegal and owning one makes you a felon. The ATF did allow a “grace period” for firearms owners to comply: Compliance with the new rule was extended to May 31, 2023.
This means that owners of firearms with stabilizing braces must either submit their firearm(s) with a stabilizing brace to the ATF for consideration to register the firearm (remember, there are millions of these in use today) OR destroy the firearm (because it is now—after ten years in common use—illegal) OR become a felon.
Are YOU a FELON? Who knows? There have been court challenges, of course, to this new rule and just yesterday, the federal Fifth Circuit Court of Appeals filed an injunction preventing the ATF from enforcing its new rule – but the injunction appears to only apply to those who filed the appeals case.
“The Fifth Circuit Court of Appeals on Tuesday enjoined the Bureau of Alcohol, Tobacco, Firearms and Explosives from enforcing its new rule against gun owners and Second Amendment groups who filed a lawsuit challenging the regulation [emphasis added]. The temporary injunction comes days before a deadline for individuals to register their pistol braces with ATF, destroy them, or remove the accessories from their weapons. Those that do not comply with the regulation by May 31 will be forced to pay a fee.”
This is yet another example, in a long line of federal agency overreach. Alphabet agencies, like the ATF, are essentially making laws affecting the American people, without Congressional action and without the checks and balances established in our form of government.
Family, Education & The Second Amendment: The demise of the nuclear family, together with technological changes and socialism taught in schools, threatens our future and our Rights.
Long, long ago, in a galaxy far away…I grew up in a nuclear family. Our first home, off the Base, was a poor neighborhood, but all the kids played together. I learned firsthand about domestic abuse and alcohol abuse, living in that neighborhood; it was part of my education. I went to regular schools and had good and bad teachers, who were authorized to use corporal punishment (usually a whack with a ruler).
The focus at school was reading, writing, arithmetic, science, art, music, and – importantly – American history. Other than spelling words and multiplication tables, there was very little memorization. To ensure our knowledge and understanding, our tests were predominantly essay form, not multiple choice. The emphasis was on learning the material and incorporating it into your understanding of the world. Developing critical thinking skills. In our family, we talked about ideas and argued over points of view. With civility.
My Dad served in the Army and had firearms, but I rarely saw them—except when we went deer hunting. But in junior high schools and later in high schools, the parking lots were filled with old pickup trucks, the obligatory rifle in the rack along the back window…the side windows open. Those guns were never stolen (you didn’t mess with someone else’s property). Schools taught hunter safety classes. Kids even brought “cool” firearms to Show and Tell. Firearms were an accepted and normalized part of our lives. We NEVER had a shooting incident at any of the schools I attended, which were several because we moved. A lot.
Fundamental Change
This trip down memory lane is not for the sake of nostalgia. There is no way to compare my childhood experiences to those of children today. The world has changed dramatically. We have a rover on Mars! (I was thrilled when we landed on the Moon!) Technological and biomedical advances are impressive. But the nuclear family, with two parents and 2.2 children is a rarity now, especially in large cities.
Following higher divorce rates in the 1960s – 1980s, more young adults are now choosing to remain single, or childless. More people live in non-owned housing; the dream of home ownership is either out-of-reach or impractical because people are more mobile – “you go where the jobs are”.
How we entertain ourselves has changed too, from interpersonal connections to media interaction. Church socials, town-square events, and potlucks with the neighbors are no longer common (except maybe in Iowa!). We don’t know our neighbors. People don’t “look out” for others as in the past. Walkable neighborhoods are rare and not well-used; joggers carry personal alarms. Instead of reading, people watch television, play video games, and surf the internet. This consumes our waking hours and diverts our attention and willingness to engage with each other. Wealthy people are purchasing robots for companions!
The Results Are In
I’ve watched as our country has made tremendous strides and enormous advances. Simultaneously, I’ve watched as it has descended into a “what’s in it for me” avaricious culture that has hardened our hearts as much as our arteries. Our children are being raised by instructors who, instead of teaching children to think, indoctrinate them in favor of socialism (or communism). Kids interact through social media, video games, and the internet. They lack social skills and are not being taught to have an “educated heart”, or to care about others.
They are also not taught to have an educated mind. Instead of teaching our children how to think critically for themselves, they are rewarded for memorizing “facts”, and for “participating” and behaving a certain way. Instead of teaching them to strive to be the best, they are taught that everyone is a winner, if they just show up. In short, they are being taught to conform and to rely on others. To me, this is the greatest crime, and the greatest failing, of our society, our families, and our schools. It is a consequence of the death of the nuclear family, the infiltration of wokeness and socialism in our schools, and the lack of consequences for bad behavior. The impact on our collective consciousness, morals, and the way we behave is palpable. It is a huge societal problem.
So What Does This Have To Do With The Second Amendment?
If you do not truly know this country’s history, you cannot understand why our founding fathers were so hell-bent on drafting the Bill of Rights, despite the significant personal cost to each of them. Being a brand-new country whose citizens had endured tremendous hardships, they did not stop with the Constitution. Every one of the enumerated rights in the Bill of Rights was one that the founders had lost, or that England had threatened. They KNEW the true value of those rights. They were compelled to include the Second Amendment because, without it, they knew their hard-fought freedoms would be fleeting.
Our challenge today is to re-instill a deep understanding of why our Constitution and Bill of Rights are critical to our survival. That understanding comes from a knowledge of American history, embracing American values, and an appreciation for the uniqueness and fragility of this grand American experiment.
I fear that with the demise of the nuclear family, the erosion of traditional values, the profound changes in our technological environment, the socialist infiltration in our children’s education, and the intense focus on immediate gratification and the distraction of endless entertainment, our grand experiment — and our Rights — are at risk like no time prior.
Iowa’s 2023 Legislative Session is a bitter pill for IFC’s volunteers and members, and for all Second Amendment advocates. This legislative session was an enormous amount of effort and a tremendous disappointment, as highlighted in our President’s Message this week. After nearly 66% of Iowans voted to approve the Freedom Amendment in November 2022, and after voting in Republican majorities in both chambers, we had great expectations. We also had important issues needing to be dealt with, one of which was protecting firearms businesses from “Woke” practices at banks, investment firms, insurance companies, freight companies, etc.
The Iowa Legislature has concluded its session for this year and is not expected to return until January. So why bring this up now? Because this bill, SF507, like the others that IFC was championing, remains important.
Put simply, ESG practices (Environmental, Social, and Governance) can prevent firearms businesses from conducting their businesses. For instance, if you own a gun store, and your insurance company suddenly informs you that they will no longer offer insurance because you operate a firearms business, you are abruptly in a very bad position. If your freight company no longer delivers goods to your store because you are in the firearms business, you are out of business. If your bank says it will no longer keep your account open because your business does not meet its accepted Environmental, Social Governance goals, you are suddenly in a very bad position. As Michael Ware of IFC pointed out in an earlier blog:
In plain English, that means big banks or others get to discriminate against you based on ESG criteria that they set because they are trying to be “woke”. The firearm industry was one of the original targets of these “woke” policies and the issue has gotten worse every year.
Senate File 507 was a bill that would have prevented the state treasurer and state pension fund managers from doing business with companies (banks, insurance companies, etc.) that penalize, or outright will not do business with, firearms-related businesses (gun stores, ammunition sellers, gear manufacturers, etc.). Unfortunately, this bill did not pass this session; instead, it was relegated to “Unfinished Business”.
The good news is that this means it can be revived next legislative session without having to go through the “funnel process” (i.e., it won’t have to be brought to the floor via the committee process). But that is the only good news.
Get Involved
This is a huge “back door attack” on our Second Amendment rights. It is going to be critical that our members raise their collective voices. Reach out to your legislators in the coming months before the next session begins. Impress upon them the impact that ESG practices have on your Second Amendment rights. They won’t even need to take your guns. If your local gun shops go out of business and if the freight companies won’t deliver guns, ammunition and related gear, how long will you be able to exercise your Second Amendment rights? (Reloaders rejoice as your services will be at a premium.)
It is indeed a bitter pill to swallow. IFC’s volunteer Lobbyist, and others at IFC, worked countless hours, meeting with legislators, preparing Action Alerts for our members, creating blogs and creating videos about the dangers of ESG relative to the firearms industry, in addition to working on other bills we were trying to get put through.
Second Amendment Under Attack
You need to understand that the entire Second Amendment community is under attack from every angle. The President calls to Congress daily to send him an “assault weapons ban”; the Woke movement wants to make sure that firearms businesses are closed; the ATF wants a national registry of all firearms and to have unbridled authority on all 2A matters, red flag laws are proliferating in some states (and federally), the media sensationalizes every shooting that fits the narrative (i.e., right-wing “extremists”), but notice how they quickly go silent when the perpetrator is a transgender in the making, or an undocumented resident. The media is practicing “selective speaking” which means the country is listening with “selective hearing”. Don’t think it cannot happen. Look at Washington State, California, Colorado.
To protect your Second Amendment rights, YOU are going to have to get out of your comfort zone. You are going to have to speak up, to participate. It is going to take action and engagement from everyone who values the Second Amendment—not just the organizations at the front of the line.
“Gun Violence epidemic” is a falsehood. However, “Gun-Free Zones” is an epidemic. Violence is not perpetrated by firearms. If I want to shoot a gun, I must pull the trigger. Violent criminals will find any means to conduct their violence. Sometimes, violent criminals use knives, vehicles, rocks, and hammers even, and sometimes they use guns. Would anyone argue that the driver in Waukesha, WI who mowed people down at the Christmas parade in 2021 was not a violent criminal?
The problem is the violent criminals – not the guns. As Dave Funk, IFC President mentioned in a recent IFC blog, frequent knife attacks are occurring in Asia and parts of the UK with increasing frequency where they have outlawed guns: “…in the United Kingdom, over 37,000 knife attacks had happened in 2021, including many with multiple victims.” The point is that if a violent criminal wants to commit violence, she or he will use any means to accomplish that.
Consider this: There are over 400 million firearms in the United States and more than 330 million people in this country. Obviously, not everyone owns a firearm and those who do often own several. Collectors own lots. These firearms did not accumulate overnight. Although there was a spike in firearms sales during the 2020 riots, during COVID, and whenever a Democrat President is elected, most firearms have been in our country for years and years.
Good Guys With Guns
Why all these guns? These guns are used for hunting, in competitive shooting events, and for self- and home defense. They are owned by ordinary, law-abiding citizens who value life and do not use them except for those purposes. Those folks, people like me, sincerely hope that we never have to use our firearms against another human being. But because we do value life, we train to prepare for that situation, to provide defense for ourselves and our loved ones – or even total strangers.
Pick up any NRA publication, or another trade magazine, and you will find countless stories of violent criminals being STOPPED by a “good guy (or gal) with a gun”. Sometimes it is not even necessary for the good guy to draw their firearm to effectively defuse a volatile situation; sometimes displaying a firearm is all that is needed to prevent violence. However, in some situations, when danger is imminent, it IS necessary to fire the weapon to STOP a threat. If you are ever in such a situation, you will be eternally grateful for the presence of a good guy with a gun. Just ask the folks who survived the Sutherland Springs Church shooting.
Mass Shootings & Their Relation To “Gun-Free Zones”
Police investigate means, motive, and opportunity, to determine the criminality of a person’s action. So what makes a violent criminal act on their intentions? Let’s focus on mass shooting events. If we set aside gang warfare, for the time being (where status, rank, protection of turf or trade, and lifestyle are the driving factors), why di other murders or attempted murders happen? What are the common denominators in these types of crimes?
Most mass shooters do not know their victims and do not specifically select their targets. Their motivation is to kill as many as possible, before dying. They are staking their sick claim to fame on the lives of those who happen to be in the chosen location. They want notoriety. That is their motive. What about opportunity? They seek out soft targets, specifically “Gun-Free Zones” where they can do mayhem with no resistance. More than 90% of all mass shootings occur in Gun-Free Zones. Malls, schools, many places of business, and movie theaters. All “Gun-Free Zones”.
Let’s take away that opportunity. Harden our targets where groups of people are at risk. Eliminate Gun-Free Zones.
To avoid a descent into disorder and chaos, we must confront evil. Evil is defined as “immoral” and “wicked”. People conduct evil: immorally reprehensible acts intended to harm other people. Ever since Cain slew Abel, men – and women – have been killing one another. Why?
Idealism: “Noble ends are often seen as justifying violent means”
The pursuit of sadistic pleasure.”
He goes on to comment that “A disproportionate amount of violence and crime in societies is perpetrated by the small minority of people with antisocial personality traits.” Interpersonal violence, he says, is “often carried out by people acting impulsively, fearfully, insecurely, passionately, vengefully, or misguidedly” and that “only some violence is premeditated, calculated, or predatory”.
Characteristics of a Mass-Shooter
A review of perpetrators of mass-shootings in the U.S. reveals some common attributes:
The shooter is intent on causing as much mayhem as possible
The shooter targets “Gun-Free zones” (no on-site resistance)
The shooter reviews information from previous mass-shooting events
The shooter pre-plans the event, often for months
The shooter writes a manifesto and/or publishes comments on social media or to friends
The shooter procures the tools needed to carry out his/her plan, frequently well in advance of the event
The shooter exhibits antisocial tendencies, is often known to be troubled
The shooter plans to die in the event
Taken together, these attributes paint a picture of an opportunist who wants no one to interfere with his/her plan. They have carefully researched their target; they have gone over and over their plan; they have written their statement for the world to read (posthumously) and they are prepared to die in order to put their personal stamp on the face of history at the expense of their casualties. By definition, their actions are evil: premeditated, calculated and predatory.
Whatever story eventually unfolds about Audrey/Aiden Hale, watch the videos that have been released, and read what we know about her. This event was not impulsive. She certainly was not fearful when she shot out the doors to the school. She was not insecure when she began roaming the halls, firing at will.
We can never know what is in another person’s mind and what struggles they are dealing with. But we CAN judge their actions. Audrey/Aiden Hale’s actions were the embodiment of evil. Six people—three children—paid with their lives. Countless others have been significantly impacted. Thank God the teachers and staff had prior active-shooter training and locked the school down effectively. Thank God the Nashville Police got there quickly and reacted decisively, professionally and with resolve.
Evil lives among us. Evil is only stopped by prepared good men and women who will confront it. Join IFC — the good men and women of Iowa Firearms Coalition.
Read the blog later this week for a discussion about why we need to have trained and willing people on-site, at the schools, ready to stop these threats.
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