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CONCURRENT RESOLUTION
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WHEREAS, The United States Bureau of Alcohol, Tobacco, |
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Firearms and Explosives signed its final rule 2021R-08F, "Factoring |
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Criteria for Firearms with Attached 'Stabilizing Braces,'" on |
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January 13, 2023; and |
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WHEREAS, This rule outlines the factors ATF would consider |
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when evaluating firearms equipped with a purported "stabilizing |
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brace" or other rearward attachment in order to determine whether |
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these weapons would be deemed a "rifle" or "short-barreled rifle" |
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under the Gun Control Act of 1968, or a "rifle" or "firearm" subject |
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to regulation under the National Firearms Act; and |
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WHEREAS, Under this rule, citizens who possess braced |
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firearms will have 120 days to register, destroy, or reconfigure |
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them, or to turn them over to the ATF; failure to do so could result |
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in serious criminal charges, placing the owners of up to 40 million |
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guns at risk of $250,000 in fines and a severe prison sentence; and |
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WHEREAS, The NFA division of the ATF is notoriously prone to |
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missing its own performance benchmarks; wait times for approval of |
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ATF forms and tax stamps routinely extend from 300 to 400 days; the |
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addition of 40 million firearms to the waitlist is likely to worsen |
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already unacceptable wait times, creating a legal limbo for owners |
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forced to comply with this new registration scheme, which is |
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clearly in violation of the Second Amendment to the |
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U.S. Constitution; and |
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WHEREAS, Fortunately, the Congressional Review Act allows |
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members of Congress to introduce a Joint Resolution of Disapproval |
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to reverse any agency rule or action they deem unconstitutional; by |
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this means, Congress can remedy a subversion of the lawmaking |
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process that is putting the rights and liberty of gun owners at |
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risk; now, therefore, be it |
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RESOLVED, That the 88th Legislature of the State of Texas |
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hereby respectfully urge the United States Congress to overturn the |
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"Factoring Criteria for Firearms with Attached 'Stabilizing |
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Braces'" rule via the Congressional Review Act; and, be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the president of the United States, to |
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the speaker of the House of Representatives and the president of the |
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Senate of the United States Congress, and to all the members of the |
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Texas delegation to the congress with the request that this |
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resolution be officially entered in the Congressional Record as a |
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memorial to the Congress of the United States of America. |