Newly elected Stone County Sheriff Brandon Long recently addressed the citizens of Stone County in a letter announcing his department would not be enforcing the new federal gun equipment rule the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enacted on January 13.These amended regulations were meant to clarify when a rifle is designed, made and intended to be fired from the shoulder. The rule outlines the factors ATF would consider when evaluating firearms to determine if they would be considered a “rifle” or a “short-barreled rifle” under the Gun Control Act of 1968, or a “rifle” or “firearm” subject to the regulation under the National Firearms Act.
According to the ATF, 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 would need to be registered within 120-days from the date of publication in the Federal Register.
In the letter released on the Stone County Sheriff’s Facebook page, Long states he “wanted to let people know where we stood.” He says the phones at his office “lit up” as members of the community became concerned their guns would be confiscated or they would be arrested as news of the new rule came out. He says he believes, along with many others, “this is a clear violation and infringement of our second amendment rights.”
Long states “the Stone County Sheriff’s Office will be dedicated to solving ‘REAL’ crimes, arresting ‘REAL’ criminals and work to ensure we all have a safe place to live.”
He also pointed out an Arkansas law passed in January 2021 supporting his non-enforcement decision. The law states any new federal restrictions on firearms ownership after January 1, 2021, are invalid, including firearm registration or taxation.
The stabilizing brace rule would require owners who wish to continue using a brace-equipped handgun to register it with the ATF and pay the required tax for a short-barreled rifle.
Currently, the ATF requires registration and a tax of $200 for a short-barreled rifle, a rule which has been in effect since the 1930’s. They state handgun owners who wish to continue using a stabilizing brace would have 120 days to register with the ATF.
According to KARK, an ATF spokesperson indicated the open letter would not change the agency’s position. Erik Longnecker, ATF deputy chief, public affairs division, said “the Bureau of Alcohol, Tobacco, Firearms and Explosives is the lead federal law enforcement agency responsible for enforcing the National Firearms Act and will continue to work with local, state and federal partners to combat violent crime on our communities.”
Long said he anticipated similar letters being released by other Arkansas sheriffs.
The Associated Press reports that about 3 million stabilizing braces are currently in the United States.
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