Tulsa County Sheriff Vic Regalado has refused to enforce the United States government’s new gun stabilizing brace rule, citing his belief that the rule will be overturned in the courts.
The Department of Justice now requires anyone who owns a stabilizing brace to register the gun accessory with the Bureau of Alcohol, Tobacco, Firearms and Explosives by the end of May or risk felony charges. ATF Director Steven Dettelbach argues stabilizing braces allow users to essentially convert pistols into short-barreled rifles, which are required to be registered with the feds under the National Firearms Act.
The accessory was used by gunmen in mass shootings in Boulder, Colorado in 2021, and Dayton, Ohio in 2019.
In a statement released Jan. 25, Regalado called the rule “federal overreach” and “unconstitutional.”
Regalado said he isn’t concerned about legal ramifications, or a crackdown from ATF — he believes the brace rule will be overturned “just like with the bump stocks.” In his statement, Regalado pointed out the stabilizing brace rule was signed right after a federal court overturned the national ban on bump stocks. The accessory was illegal for nearly four years after a gunman in Las Vegas used one to kill 58 people in 2017.
When asked about his decision, Regalado argued the new rule won’t improve public safety. He pointed out that many who use the stabilizing braces are disabled veterans.
“Why, again, are we instituting laws that are only impacting the law-abiding and not the ones committing crime?” he said.
Regalado also mentioned he's worked with ATF agents, and says they're "solid individuals who care about their communities, and the safety of their citizens." In an emailed response to questions about Regalado’s statements, ATF spokesperson Erik Longnecker said it’s his agency’s duty to enforce the National Firearms Act and related actions taken by Congress.
Oklahoma law prohibits federal rules “ordering the buy-back, confiscation or surrender of firearms, firearm accessories or ammunition from law-abiding citizens” under the 2021 act declaring Oklahoma a Second Amendment sanctuary.
Regalado called the two mass shootings involving stabilizing braces “terrible,” but argued the braces don’t contribute to the high number of mass shootings in the U.S.
“There’s laws on the books for guns that have been established, that are efficient, provided that you allow law enforcement to do our job, provided you allow district attorneys and federal attorneys to prosecute, and that we sentence accordingly to when those people are found guilty,” he said.
Media outlets in Oklahoma have reported an uptick in firearm deaths and guns stolen from cars since Gov. Kevin Stitt passed permitless carry in 2019.
Kay Malan, public education and outreach lead for Moms Demand Action Oklahoma, said stabilizing braces are part of the equation to curbing gun violence.
“Gun violence is not going to be addressed with one thing, but all of the things that we can do will prevent gun violence. So it’s on us to find the things that we can do, what does work, and ultimately, to support the law,” Malan said.
Regalado is one of nine sheriffs in eastern Oklahoma that have refused to enforce the stabilizing brace rule.
In a statement given Thursday, Malan said the sheriffs are encouraging Oklahomans to not follow the law.
“We expect elected law enforcement to protect us,” Malan’s statement reads. “If they choose not to, then we will elect more qualified people who will.”
