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.