Thread by @CamEdwards

The DOJ's new proposed rule on pistol braces and AR-style pistols has been released, along with model "red flag" legislation. A brief thread with some initial impressions. #2A #guncontrol

justice.gov/opa/pr/justice…

First, while the DOJ says its trying to offer clear guidance for the gun industry, their "solution" is a new worksheet/checklist that offers up a lot of subjective language rather than a standard, easy-to-follow definition. 2/

However, the DOJ *does* try to redefine "rifle" under both the Gun Control Act and National Firearms Act with one very vague and fuzzy sentence. 3/

In other words, the standard they want to adopt is "We know what a rifle is when we see it, but we can't tell you 100% what makes a rifle a rifle." 4/

As for the model "red flag" legislation, it's mostly boilerplate language from existing state-level Extreme Risk Protection Order statutes. The due process concerns (including a lack of public counsel if you can't afford an attorney) surrounding red flag laws aren't addressed. 5/

Under Biden's proposal, red flag orders should be able to be extended an indefinite number of times, turning what's supposed to be a temporary measure to address someone in crisis into a measure with the potential to become a lifetime ban on gun ownership. 6/

And just like most other red flag laws, Biden's model legislation doesn't require or offer any mental health treatment to those deemed by a court to be a danger. It takes their guns away, but leaves the "dangerous" person with access to knives, rope, pills, etc. 7/

Red flag laws are gun control measures masquerading as mental health provisions, and Biden's model is proof that it's all about the guns and not about getting someone in legitimate crisis the help they need. Thankfully it's just model legislation and has no force of law. 8/

The proposal on stabilizing braces, OTOH, has the potential to turn millions of legal gun owners into felons if the ATF decides that their pistol is actually a short barreled rifle.
I'll be submitting my comments opposing the proposal once the public comment period begins. 9/9