On Jan. 13, the Bureau of Alcohol Tobacco and Firearms signed rule 2021R-08F which is the "Factoring Criteria for Firearms with Attached Stabilizing Braces," and amends the ATF's regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder.
"The ATF cannot make law so therefore this sheriff's office will not be enforcing this ruling," Ottawa County Sheriff's Office's David Dean stated on Facebook. "Only Congress can pass laws and this ruling was not enacted in Congress. I have instructed our deputies that if they locate a firearm with a stabilizing brace during an investigative contact with a citizen, we are not going to take action."
Dean goes on to say that if a crime has occurred with a weapon that happens to have a stabilizing brace, the office will take the appropriate actions and file appropriate charges as outlined in the Oklahoma Statute book.
The Tulsa County Sheriff's Office also says they will not be enforcing the rule and released the following statement:
Since 2012, the Alcohol, tobacco, firearms (ATF) has recognized that stabilizing braces serve a legitimate function, and the inclusion of a stabilizing brace on a pistol or other firearm does not automatically subject the firearm to the provisions of the National Firearms Act.
On January 13, 2023, the U.S. Attorney General Merrick Garland signed ATF final rule 2021R-08R requiring pistol brace owners to register or remove the brace within 120 days or face potential Felony charges.
The Biden administration claims the brace creates a likeness to short-barreled rifles, which require a federal license under the National Firearms Act.
This rule was signed almost two weeks after the Fifth U.S. Circuit Court of Appeals ruled against the ATF prohibiting “bump stocks”. The Court stated that only Congress has the legislative authority to create or change laws and that the “bump stock” does not meet the federal definition of a machine gun.
Once again, we are witnessing Federal overreach that will not impact the criminal element but only the law-abiding citizens' rights under the Constitution of the United States of America.
Therefore, it is the stance of the Tulsa County Sheriff's office that we will not enforce, partake or support this rule because it is unconstitutional.
Sheriff Vic Regalado Tulsa County