DOJ proposes rule and model legislation to reduce gun violence

New steps would enhance enforcement of the National Firearms Act and aid states in drafting “extreme risk protection order” laws

The Department of Justice announced two new steps to help address the continuing epidemic of gun violence affecting communities across the country. First, the department issued a notice of proposed rulemaking that makes clear that when individuals use accessories to convert pistols into short-barreled rifles, they must comply with the heightened regulations on those dangerous and easily concealable weapons. Second, the department published model legislation to help states craft their own “extreme risk protection order” laws, sometimes called “red flag” laws.

By sending the proposed rule to the Federal Register and publishing the model legislation, the department has met the deadlines that the Attorney General announced alongside President Biden in April.

“The Justice Department is determined to take concrete steps to reduce the tragic toll of gun violence in our communities,” said Attorney General Merrick B. Garland. “...we continue to deliver on our promise to help save lives while protecting the rights of law-abiding Americans. We welcome the opportunity to work with communities in the weeks and months ahead in our shared commitment to end gun violence.”

The department issued a notice of proposed rulemaking that would make clear that the statutory restrictions on short-barreled rifles apply to pistols that are equipped with certain stabilizing braces and intended to be fired from the shoulder. The National Firearms Act imposes heightened regulations on short-barreled rifles because they are easily concealable, can cause great damage, and are more likely to be used to commit crimes. But companies now sell accessories that make it easy for people to convert pistols into these more dangerous weapons without going through the statute’s background check and registration requirements. These requirements are important public safety measures because they regulate the transfer of these dangerous weapons and help ensure they do not end up in the wrong hands. The proposed rule would clarify when these attached accessories convert pistols into weapons covered by these heightened regulations.

Once the proposed rule is published in the Federal Register, the public will have 90 days to submit comments. To view the Notice of Proposed Rulemaking, please see here.

The department also published model legislation and detailed commentary that will make it easier for states to craft “extreme risk protection orders” authorizing courts to temporarily bar people in crisis from accessing firearms. By allowing family members or law enforcement to intervene and to petition for these orders before warning signs turn into tragedy, “extreme risk protection orders” can save lives. They are also an evidence-based approach to the problem. The model legislation, developed after consultation with a broad range of stakeholders, provides a framework that will help more states enact these sensible laws.

To read the model legislation, please see here.

To learn more about the rulemaking process, please see here.