88R9398 BPG-D
By: Cain H.C.R. No. 31
CONCURRENT RESOLUTION
WHEREAS, The United States Bureau of Alcohol, Tobacco,
Firearms and Explosives signed its final rule 2021R-08F, "Factoring
Criteria for Firearms with Attached 'Stabilizing Braces,'" on
January 13, 2023; and
WHEREAS, This rule outlines the factors ATF would consider
when evaluating firearms equipped with a purported "stabilizing
brace" or other rearward attachment in order to determine whether
these weapons would be deemed a "rifle" or "short-barreled rifle"
under the Gun Control Act of 1968, or a "rifle" or "firearm" subject
to regulation under the National Firearms Act; and
WHEREAS, Under this rule, citizens who possess braced
firearms will have 120 days to register, destroy, or reconfigure
them, or to turn them over to the ATF; failure to do so could result
in serious criminal charges, placing the owners of up to 40 million
guns at risk of $250,000 in fines and a severe prison sentence; and
WHEREAS, The NFA division of the ATF is notoriously prone to
missing its own performance benchmarks; wait times for approval of
ATF forms and tax stamps routinely extend from 300 to 400 days; the
addition of 40 million firearms to the waitlist is likely to worsen
already unacceptable wait times, creating a legal limbo for owners
forced to comply with this new registration scheme, which is
clearly in violation of the Second Amendment to the
U.S. Constitution; and
WHEREAS, Fortunately, the Congressional Review Act allows
members of Congress to introduce a Joint Resolution of Disapproval
to reverse any agency rule or action they deem unconstitutional; by
this means, Congress can remedy a subversion of the lawmaking
process that is putting the rights and liberty of gun owners at
risk; now, therefore, be it
RESOLVED, That the 88th Legislature of the State of Texas
hereby respectfully urge the United States Congress to overturn the
"Factoring Criteria for Firearms with Attached 'Stabilizing
Braces'" rule via the Congressional Review Act; and, be it further
RESOLVED, That the Texas secretary of state forward official
copies of this resolution to the president of the United States, to
the speaker of the House of Representatives and the president of the
Senate of the United States Congress, and to all the members of the
Texas delegation to the congress with the request that this
resolution be officially entered in the Congressional Record as a
memorial to the Congress of the United States of America.