House Votes to Nullify ATF rule on
Pistol Braces, Senate Votes to Keep it

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By Dean Weingarten. June 28, 2023

On June 13, 2023, the U.S. House of Representatives voted to overturn the proposed rule of the BATF, which is set to make the possession of pistols with a pistol brace installed a federal felony, punishable with up to a $10,000 fine and or ten years in prison. The vote was almost entirely on party lines, passing 218 to 210. Two Democrats voted for the resolution and two Republicans voted against it.

On Friday, 23 June, 2023, the Senate voted against H.J. Resolution 44, by a razor thin 50 to 49. Three Senators, where were considered possible swing votes, voted against the resolution. Two more votes would have been necessary to pass the resolution. A tie vote would almost certainly have been broken by Vice President Harris, against the measure. The three swing votes were Senators Tester from Montana, Manchin from West Virginia, and Sinema from Arizona. Senators Baldwin (D-WI), Brown (D-OH), Casey (D-PA) were candidates to vote for the measure, because they will be coming up for election in 2024. All voted against it.

The vote was for House Joint Resolution 44 :

Resolved by the Senate and House of Representatives in Congress assembled, That Congress disapproves the rule submitted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives relating to "Factoring Criteria for Firearms with Attached 'Stabilinzing Braces'" (ATF final rule 2021R-08F), and such rule shall have no force or effect.

The ATF rule reversed a decade of ATF policy where they assured purchasers and manufacturers of pistol braces such items were legal and not regulated by the NFA. .....