TULSA, Okla. — The Tulsa County sheriff said Wednesday night his office won't enforce a federal rule regulating stabilizing braces on pistols.
U.S. Attorney General Merrick Garland signed ATF final rule 2021R-08F on Jan. 13, requiring those who have weapons with stabilizing braces or similar attachments that constitute rifles under the National Firearms Act to be registered within 120 days of the rule's publication, or the short barrel removed and a 16-inch or longer rifle barrel attached to the gun, or permanently remove and dispose of or "alter" the brace so that it can't be reattached, or turn the gun into your local ATF office or destroy it.
Tulsa County Sheriff Vic Regalado called the rule "unconstitutional" and said a federal appeals court ruling against ATF prohibiting bump stocks suggested only Congress can create or change laws including any that would prohibit the use of bump stocks.
Here is Regalado's full statement his office shared on social media Wednesday night:
"Since 2012, the Alcohol, tobacco, firearms (ATF) has recognized that stabilizing braces serve a legitimate function, and the inclusion of a stabilizing brace on a pistol or other firearm does not automatically subject the firearm to the provisions of the National Firearms Act.
On January 13th 2023 the U.S. Attorney General Merrick Garland signed ATF final rule 2021R-08R requiring pistol brace owners to register or remove the brace within 120 days or face potential Felony charges.
The Biden administration claims the brace creates a likeness to short-barreled rifles, which require a federal license under the National Firearms Act.
This rule was signed almost two weeks after the Fifth U.S. Circuit Court of Appeals ruled against the ATF prohibiting “bump stocks”. The Court stated that only Congress has the legislative authority to create or change laws and that the “bump stock” does not meet the federal definition of a machine gun.
Once again, we are witnessing Federal overreach that will not impact the criminal element but only the law-abiding citizens rights under the Constitution of the United States of America.
Therefore, it is the stance of the Tulsa County Sheriffs office that we will not enforce, partake or support this rule because it is unconstitutional.
Sheriff Vic Regalado
Tulsa County"
Here is the full ATF rule as published:
2 News Oklahoma spoke with Regalado on Friday.
“This is about federal overreach that diminishes and starts to chip away your rights," Regalado said.
Other Oklahoma sheriffs started to weigh in and agree with Regalado after his posting, including Pawnee, Rogers and Muskogee Counties.
"As a sheriff, first and foremost, the Constitution is our driving force," Regalado told 2 News. " If, at the end of this, Congress enacts a law that says stabilizing braces is now illegal, …we follow the law. An administrative agency, which is what ATF is, does not have the authority to do that.”
2 News called ATF's Oklahoma City branch multiple times on Friday but did not hear back. Some Tulsans, like Jessica Cassity, believe that approach isn't right.
“If sheriffs and the police are the ones who are here to really enforce the rules, they should also be following them," Cassity said.
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