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Please Urge the Department of Justice to Rein in ATF's Arbitrary Determination on "Honey Badger" Pistol

Monday, October 12, 2020

Please Urge the Department of Justice to Rein in ATF's Arbitrary Determination on "Honey Badger" Pistol

As we reported last week, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) recently informed firearm manufacturer Q, LLC that, in ATF’s view, Q’s “Honey Badger” pistol with stabilizing brace is actually a short-barreled rifle and therefore subject to the National Firearms Act (“NFA”). The NRA strongly disagrees with this arbitrary, inequitable, and incorrect determination by ATF that puts millions of firearms owners in danger of federal prosecution.

On Friday, the White House made clear in a statement to the Washington Free Beacon that they're working with DoJ to protect our rights​, “The White House and leadership at the Department of Justice are reviewing this matter to ensure there is no interference with the ability of law-abiding citizens—including lawful firearms manufacturers—to exercise their constitutionally guaranteed liberties.”

Since 2012, ATF has repeatedly found that firearms with pistol stabilizing braces, like the one equipped on Q’s Honey Badger pistol, are not “designed, made, and intended to be fired from the shoulder,” and are therefore not subject to regulation under the NFA. Now, with no notice or opportunity for public input, ATF appears to be reversing course.

Rather than create a clear set of rules that law-abiding gun owners and manufactures can follow, ATF seems to be taking a “I’ll know it when I see it” approach to classifying firearms. This arbitrary approach is clearly inconsistent with the right to keep and bear arms and due process of law.

By blurring the lines on legal definitions that carry serious criminal consequences, ATF is putting law-abiding gun owners, the firearm industry, and law enforcement in the impossible position of attempting to read the minds of ATF bureaucrats when complying with or applying federal law.

Please take action by contacting the Department of Justice and asking them to take swift action to rein in ATF and reverse this terrible determination

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.