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January 31, 2023
Sheriff Rice issues statement on new ATF gun rule
Okmulgee County Sheriff Eddy Rice is joining several other sheriff offices across Oklahoma refusing to enforce a new gun rule.
OCSO refuses to enforce federal mandate
Okmulgee County Sheriff Eddy Rice is joining several other sheriff offices across Oklahoma refusing to enforce a new gun rule. On Jan. 13, United States Attorney General Merrick Garland signed the Bureau of Alcohol, Tobacco, Firearms (ATF) final rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” amending ATF’s regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder. In a statement issued by the OCSO, Sheriff Rice stated “this rule states that pistol stabilizing braces are to be removed or registered with the ATF within 120 days of the ruling being placed on the federal register or any person found in possession of a pistol brace equipped firearm is subject to potential federal felony criminal charges. This rule places AR-15 style pistols in the same regulated class as National Firearms Act (NFA) firearms which require federal registration and the payment of a $200 tax to own and possess.” Sheriff Rice emphasized in his statement that “this rule is a gross federal overreach and Okmulgee County deputies will not take action on those found to be in possession of pistol-braced weapons unless they are committing felony crimes with the weapon. The Oklahoma Second Amendment Sanctuary Act clearly states that law enforcement in the State of Oklahoma cannot enforce any federal, state, county, or municipal act, law, executive order, administrative order, court order, rule, policy, or regulation ordering the buy-back, confiscation or surrender of any firearms, firearm accessories or ammunition from law-abiding citizens of this state and that it is an unlawful infringement on the right to keep and bear arms. Oklahoma State Statute 211289 also clearly states that citizens may pursue civil action against any law enforcement agency and/ or officer within the state if their rights are in fact infringed upon. “Due to this, Sheriff Rice proudly joins other Oklahoma sheriffs from across the state in taking a stand against ATF overreach and constitutional infringements, and will continue to enforce all applicable state laws related to the use of a firearm used in the commission of felony crimes, but will not enforce any pistol brace rule or ban at this time.” According to the ATF, the rule outlines the factors the agency would consider when evaluating firearms equipped with a purported “stabilizing brace” (or other rearward attachment) to determine whether these weapons would be considered a “rifle” or “short-barreled rifle” under the Gun Control Act of 1968, or a “rifle” or “firearm” subject to regulation under the National Firearms Act. The rule’s amended definition of “rifle” clarifies that the term “designed, redesigned, made or remade, and intended to be fired from the shoulder” includes a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a “stabilizing brace”) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder. The ATF states this rule does not affect “stabilizing braces” that are objectively designed and intended as a “stabilizing brace” for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock. However, if the firearm with the “stabilizing brace” is a short-barreled rifle, it needs to be registered within 120-days from the date of publication in the Federal Register. Those affected by the rules are: • Unlicensed Possessors • Federal Firearms Licensees (FFLs) not under the NFA as a Class One Importer or Class Two Manufacturer SOT • FFL Importers or Manufacturers under the GCA that ARE Qualified under the NFA Class One Importer or Class Two Manufacturer SOT • Certain Governmental Entities For more information, visit www.atf.gov/ rules-and-regulations/factoring-criteria-firearms- attached-stabilizing-braces.