2023: Fitzpatrick Voted Against Disapproving A Rule From The Bureau Of
Alcohol, Tobacco, Firearms, And Explosives That Expanded The Definition
Of "Short-Barreled Rifle" To Include A Pistol With A Stabilizing
Brace. In June 2023, according to Congressional Quarterly, Fitzpatrick
voted against a resolution that would "provide for congressional
disapproval of the January 2023 Bureau of Alcohol, Tobacco, Firearms,
and Explosives rule that expands the definition of a 'short-barreled
rifle' to include a pistol equipped with a stabilizing brace attachment.
The rule also subjects such firearms to heightened regulations under the
National Firearms Act, including taxation, identification and
registration requirements, and as of May 31, 2023 required owners to
register, modify or destroy such firearms. Under the provisions of the
joint resolution, the ATF rule would have no force or effect." The vote
was on passage. The House passed the resolution by a vote of 219 to 210,
thus the bill was sent to the Senate. The Senate rejected the
resolution. [House Vote 252,
6/13/23; Congressional
Quarterly, 6/13/23;
Congressional Actions, H.J. Res.
44]
The Resolution Would Overturn A Biden Administration Rule That
Tightened Federal Regulations On Pistol Braces. According to
Congressional Quarterly, "House Republicans passed a joint
resolution Tuesday that would overturn the Biden administration's
rule to tighten federal regulations on pistol braces, an effort that
faces a veto threat from President Joe Biden." [Congressional
Quarterly, 6/13/23]
Republicans Argued The Rule Violated Second Amendment Rights
Because IT Required Brace Owners To Register Their Firearms As
Rifles. According to Congressional Quarterly, "Tuesday's 219-210
vote, which included two Democrats voting for the measure (H J
Res 44) and two Republicans voting against it, comes days after the
administration's rule was set to go into effect. Republicans argued
the regulation, which would require brace owners to register them as
rifles, surrender them or take them off their firearms, violates
Second Amendment rights." [Congressional Quarterly,
6/13/23]
Supporters Of The Resolution Argued That Braces Help People With
Disabilities Use Firearms And Emphasized That Braces Were Legal For
Years Before The Rule. According to Congressional Quarterly,
"Speaking to reporters before the vote Tuesday, Majority Leader
Steve Scalise, R-La., criticized the Bureau of Alcohol, Tobacco,
Firearms and Explosives for acting as their own legislators. Scalise
and other backers of the overturn effort argued the braces help
disabled people use firearms and have been legal for years."
[Congressional Quarterly,
6/13/23]
Democrats Argued Pistol Brace Regulation Was Necessary To Prevent
More Deaths After They Were Used In Several Mass Shootings.
According to Congressional Quarterly, "The pistol braces were
targeted by regulators after they were used in several mass
shootings and Democrats have argued that the regulation is needed to
prevent more deaths. The Biden administration said the president
would veto the resolution if it passed Congress." [Congressional
Quarterly, 6/13/23]
Conservatives And Gun Rights Groups Supported The Resolution And
The Rule Was Being Challenged In Court. According to Congressional
Quarterly, "The regulation has become a sticking point among
conservatives, and gun rights groups like the Gun of Owners of
America have urged Congress to pass the disapproval resolution. The
rule would have gone into effect June 1, but the U.S. Court of
Appeals for the 5th Circuit temporarily stayed the rule while a
challenge plays out in the courts." [Congressional Quarterly,
6/13/23]
Republicans Claimed The Rule Would Incriminate Unknowing Gun
Owners And Argued The Bureau Of Alcohol, Tobacco, Firearms And
Explosives Had Previously Given Conflicting Positions On Pistol
Braces. According to Congressional Quarterly, "Republicans contend
the regulation violates Second Amendment rights and would expose
unknowing gun owners to criminal liability. They also argue the
Bureau of Alcohol, Tobacco, Firearms and Explosives has given
conflicting messages in the past on the topic." [Congressional
Quarterly, 6/22/23]
The Rule Required Gun Owners To Register Pistols With Braces That
Turn The Firearm Into Short-Barreled Rifles Or The Gun Owners Could
Surrender The Firearm Or Take Off The Brace. According to
Congressional Quarterly, "The rule from the ATF requires gun owners
to register pistols with stabilizing braces that turn them into
short-barreled rifles. Other options for gun owners include
surrendering the firearm or taking off the stabilizing brace from
the firearm." [Congressional Quarterly,
6/22/23]
2023: Fitzpatrick Effectively Voted To Disapprove A Rule From The
Bureau Of Alcohol, Tobacco, Firearms, And Explosives Regarding Firearm
Stabilizing Braces. In June 2023, according to Congressional
Quarterly, Fitzpatrick voted for the "adoption of the rule (H Res 495)
that would provide for House floor consideration of [...] the joint
resolution (H J Res 44) providing for congressional disapproval of a
Bureau of Alcohol, Tobacco, Firearms, and Explosives rule relating to
firearm stabilizing braces." The vote was on the adoption of the rule.
The House adopted the rule by a vote of 218 to 209. [House Vote 250,
6/13/23; Congressional
Quarterly, 6/13/23;
Congressional Actions, H.Res.
495;
Congressional Actions, H.J. Res.
44]
2023: Fitzpatrick Effectively Voted To Disapprove A Rule From The
Bureau Of Alcohol, Tobacco, Firearms, And Explosives Regarding Firearm
Stabilizing Braces. In June 2023, according to Congressional
Quarterly, Fitzpatrick voted for the "motion to order the previous
question (thus ending debate and possibility of amendment) on the rule
(H Res 495) that would provide for House floor consideration of [...]
the joint resolution (H J Res 44) providing for congressional
disapproval of a Bureau of Alcohol, Tobacco, Firearms, and Explosives
rule relating to firearm stabilizing braces." The vote was on a motion
to order the previous question. The House agreed to the motion by a vote
of 216 to 209. [House Vote 249,
6/13/23; Congressional
Quarterly, 6/13/23;
Congressional Actions, H.Res.
495;
Congressional Actions, H.J. Res.
44]