DEWAYNE HOLLOWAY|dewayne@mcnews.online
A recent ruling regarding pistol braces has prompted the Arkansas Sheriff’s Association (ASA) to release a statement expressing their intention to not enforce the ruling in the state of Arkansas based upon Act 1012.
Act 1012 was passed in 2021 by the state legislature. The law prohibits state and local employees, including law enforcement officials, from assisting the federal government in the enforcement of firearms regulations enacted after January 1, 2021.
In their statement the ASA states, “This law helps to place a safeguard between the citizens of our great state, and a federal government that would seek to trample on our most basic rights, including the right to self-defense.”
The statement points out that on January 13, 2023 the ATF published their final rule on pistol stabilizing braces. The statement claims that Pistol stabilizing braces have existed in several forms for decades, and have been at the forefront of popularity since 2012. Since approved as an accessory for handguns it has been estimated that as many as 40 million of these braces have been sold.
The ASA states that citizens all over this country have legally purchased and used these items, and done so in compliance with state and federal law. They also claim that new ATF rule would make these braces illegal, and require current owners to take further steps to avoid becoming a criminal.
The new rule, Rule 2021R-08F, does not make pistol stabilizing braces themselves illegal. The ruling reclassifies a handgun equipped with a pistol stabilizing brace as a short-barreled rifle which is subject to stricter rules under Federal law. The rule does render a handgun equipped with such a device illegal if not registered as a short-barreled rifle.
The new ruling involves the National Firearms Act, which defines a rifle, a short-barreled rifle and a handgun. Under the National Firearms Act a short-barreled rifle is defined as a shoulder-fired, rifled firearm, made from a rifle, with a barrel length of less than 16 inches or an overall length of less than 26 inches, or a handgun fitted with a buttstock and a barrel shorter than 16 inches in length.
The ATF defines a handgun as a weapon originally designed, made, and intended to fire a bullet from one or more barrels when held in one hand, and having: a chamber or chambers as an integral part of or permanently aligned with the bore. It must also have a short stock designed to be gripped by one hand at an angle to and extending below the line of the bore.
In order to legally own a short-barreled rifle, an individual must first apply for and receive a $200 tax stamp from the ATF. The application process can take anywhere from several months to upwards of a year and requires a thorough background check.
Additionally, short-barreled rifles are subject to the same regulations as suppressors or machine guns, meaning they are prohibited in some states. However, both are legal to own in Arkansas.
The new ATF ruling addressed in the ASA’s statement stipulates that all handguns equipped with a pistol stabilizing brace be registered as a short-barreled rifle.
Included in the ATF’s ruling is a 120-day forbearance period, beginning the day the new rule is officially added to the Federal Register. This ATF pistol brace amnesty period will serve as a window to give individuals time to comply with the new definition and rule by removing the brace, installing a barrel 16 inches or longer, registering the firearm as a short-barreled rifle, or destroying the braced weapon.
After the forbearance period concludes, firearms that are determined to be SBRs will be treated as unregistered NFA items, and penalties for possessing an unregistered SBR include fines of up to $250,000, up to 10 years in federal prison, and the loss of gun rights.
The ASA’s statement conveys their intention to not enforce this ruling in Arkansas according to Act1012. Their statement reads “In 2021, the Arkansas Legislature passed Act 1012, which prohibits state and local employees, including law enforcement officials, from assisting the federal government in the enforcement of firearms regulations enacted after January 1, 2021. This law helps to place a safeguard between the citizens of our great state, and a federal government that would seek to trample on our most basic rights, including the right to self-defense.”
Arkansas Code 21-1-904 says, “(a) All acts, laws, orders, rules, and regulations of the United States Government that were enacted on or after January 1, 2021, that infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Arkansas Constitution, Article 2, § 5, are invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state. (b) Such a federal ban that is null and void in this state under subsection (a) of this section includes without limitation: (4) Any act forbidding the possession, ownership, use, or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; (1) The following persons shall not enforce or assist federal agencies or officers in the enforcement of any federal statute, executive order, or federal agency directive that conflicts with Arkansas Constitution, Article 2, § 5, or any Arkansas law: (A) A public officer or employee of this state.”
The Arkansas Sheriff’s Association states in their release that they have the full weight and backing of the State of Arkansas. They continue on to say that in accordance with that statute, they are making the public statement that the ASA does not support assisting the federal government in any way in the enforcing of “this offensive affront to the rights of law-abiding citizens of the State of Arkansas.” They add “Criminals don’t obey the law, and when rules like this are put in place, they seek only to criminalize otherwise law-abiding citizens. Our government needs to focus on keeping violent repeat offenders off the street, and not on how to make criminals out of law-abiding citizens.”
Montgomery County Sheriff Neal Thomas shared the ASA’s press release on his Facebook page this week.
While campaigning for County Sheriff, Thomas referred to Act 1012 when asked at a town hall meeting about federal laws and rulings that might be seen as encroaching upon the Second Amendment “Right to Bear Arms.” He stated that he would not enforce any law that encroached upon an Arkansans “Right to Bear Arms.”
Arkansas Sheriff’s Association speaks out against ATF ruling
