Comment on FR Doc # 2026-08930
Benjamin CopenhaverSupportIndividual
Summary: The commenter expresses support for the ATF's plan to repeal the "factoring criteria" regarding pistols with stabilizing braces. They further argue that various restrictions under the NFA of 1934 are unconstitutional and should not be enforced based on Supreme Court precedents.
Dear ATF,
I am glad you are planning to repeal the "factoring criteria" for pistols with stabilizing braces to be defined as SAM'S under the NFA of 1934.
However, I would like to suggest that ATF should consider the implications of the usefulness test of US v. Miller (1939) and the clarification of the second amendment being an individual right in District of Columbia v. Heller (2008).
While in 1939 no SBS's were in military use, and the Supreme Court therefore ruled the SBS restrictions of the NFA of 1934 legal, today SBS's and SBR'S are in military use, along with suppressors and machine guns. All of these aspects of the NFA of 1934 are repugnant to the second amendment and should not be enforced.
Thank you for your consideration.