First shot: 141 House Republicans challenge ATF tax, registration of AR pistols

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A majority of House Republicans are vowing to kill a new Biden plan to tax and regulate one of the nation’s most popular firearms for target practice and hunting, claiming it discriminates against disabled veterans and would make all owners “felons overnight.”

Led by Second Amendment advocate Rep. Richard Hudson, 141 Republicans (and likely more to come) are targeting a revived rule from the Bureau of Alcohol, Tobacco, Firearms and Explosives backed by the Justice Department to turn AR-style pistols into expensive, hard to get guns.

In a letter to Attorney General Merrick Garland and acting ATF Director Marvin Richardson, Hudson wrote, “This proposed guidance is alarming and jeopardizes the rights of law-abiding gun owners and disabled combat veterans across the country.”

He was joined by 140 other Republicans, including the No. 2 and No. 3 GOP leaders, Reps. Steve Scalise and Elise Stefanik, and former leader Rep. Liz Cheney.

Hudson, a representative from North Carolina, led a fight against a similar proposed rule last year.

“This proposed rule by the ATF jeopardizes our Second Amendment and I am proud to lead this effort. We stood up to the ATF before and I am thankful to have overwhelming support once again in fighting to ensure the rights of law-abiding citizens, including disabled combat veterans, are protected,” he told Secrets.

At issue is the agency’s 71-page proposal to regulate AR pistols equipped with “stabilizing braces” that make it easier for owners to steady the heavy guns. The ATF argues that users more typically use the brace as a rifle stock, creating a short-barreled rifle, a weapon regulated by a rule from the Al Capone era that requires a $200 tax and registration.

While a loophole, Hudson’s letter said that the brace exception was designed in part to help disabled veterans use the gun and changing it amounts to discrimination. “Should this guidance go into effect, a disabled combat veteran who has chosen the best stabilizing brace for their disability is now a felon unless they turn in or destroy the firearm, destroy the brace, or pay a $200 tax,” read the letter.

He also took issue with plans to make the rule retroactive, hitting potentially 20 million to 40 million AR-style pistols and braces. Under the rule, none would be grandfathered in, and all owners would have to cough up the $200 per gun for a potential windfall of billions of dollars to the federal government.

“It could make millions of law-abiding citizens felons overnight,” the letter read.

The rule is now in the review and comment process.

The group said they are hopeful of overturning it and demanded its immediate withdrawal, though with a pro-gun-control president now, the outcome is unclear.

“We are disturbed a government agency would issue guidance that would tax and take away the ability of tens of millions of Americans, including disabled veterans to enjoy constitutionally protected rights,” read the letter. It added, “The Second Amendment is the right that allows us to defend our other rights. If we are to uphold the Constitution, this right cannot be infringed.”

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