2023: Schweikert Voted To Disapprove 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, Schweikert voted for 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: Schweikert 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, Schweikert 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: Schweikert 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, Schweikert 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]