ATF releases pistol brace rule

[task0778]

Below is the new rule regarding stabilizing pistol braces for Short Barreled Rifles (SRB), which if I'm not mistaken [SRBs] have to registered with an accompanying payment of a $200 tax stamp. That new rule is highly likely to be challenged in court as unconstitutional because the ATF is essentially changing the law for what is a felony, which they may not have the authority to do. Plus of course there is also the question of the infringement of our 2nd Amendment rights. No doubt this will wind up at the Supreme Court; everything the Executive Branch agencies do has be grounded in US law, they can't be changing existing law or write their own laws. I would imagine this rule will be stayed until a decision is reached.

Meantime, and here is my question: absent a search warrant, the ATF or any other LE agency cannot enter my home and look for and take anything without my permission, right? If they show up at my front door and ask to see my AR-15, I can say no and there's nothing they can do. So, are they going to wait outside gun ranges around the country checking people for an unregistered SRB? I don't understand how such a rule can be enforced.

Factoring Criteria for Firearms with Attached “Stabilizing Braces” | Bureau of Alcohol, Tobacco, Firearms and Explosives

Due to challenges under the Administrative Procedure Act, Final Rule 2021R-08F was set aside nationwide and has not been enforced. This page is provided for informational purposes pending further action consistent with Executive Order14206 entitled “Protecting Second Amendment Rights.” 90 Fed...

www.atf.gov

 

[Pete7469]

Below is the new rule regarding stabilizing pistol braces for Short Barreled Rifles (SRB), which if I'm not mistaken [SRBs] have to registered with an accompanying payment of a $200 tax stamp. That new rule is highly likely to be challenged in court as unconstitutional because the ATF is essentially changing the law for what is a felony, which they may not have the authority to do. Plus of course there is also the question of the infringement of our 2nd Amendment rights. No doubt this will wind up at the Supreme Court; everything the Executive Branch agencies do has be grounded in US law, they can't be changing existing law or write their own laws. I would imagine this rule will be stayed until a decision is reached.

Meantime, and here is my question: absent a search warrant, the ATF or any other LE agency cannot enter my home and look for and take anything without my permission, right? If they show up at my front door and ask to see my AR-15, I can say no and there's nothing they can do. So, are they going to wait outside gun ranges around the country checking people for an unregistered SRB? I don't understand how such a rule can be enforced.

Factoring Criteria for Firearms with Attached “Stabilizing Braces” | Bureau of Alcohol, Tobacco, Firearms and Explosives

Due to challenges under the Administrative Procedure Act, Final Rule 2021R-08F was set aside nationwide and has not been enforced. This page is provided for informational purposes pending further action consistent with Executive Order14206 entitled “Protecting Second Amendment Rights.” 90 Fed...

www.atf.gov

I can't believe there isn't 100 lawsuits against this filed already.

 

[westwall]

I can't believe there isn't 100 lawsuits against this filed already.

They haven't enacted it yet.

 

[Vastator]

Below is the new rule regarding stabilizing pistol braces for Short Barreled Rifles (SRB), which if I'm not mistaken [SRBs] have to registered with an accompanying payment of a $200 tax stamp. That new rule is highly likely to be challenged in court as unconstitutional because the ATF is essentially changing the law for what is a felony, which they may not have the authority to do. Plus of course there is also the question of the infringement of our 2nd Amendment rights. No doubt this will wind up at the Supreme Court; everything the Executive Branch agencies do has be grounded in US law, they can't be changing existing law or write their own laws. I would imagine this rule will be stayed until a decision is reached.

Meantime, and here is my question: absent a search warrant, the ATF or any other LE agency cannot enter my home and look for and take anything without my permission, right? If they show up at my front door and ask to see my AR-15, I can say no and there's nothing they can do. So, are they going to wait outside gun ranges around the country checking people for an unregistered SRB? I don't understand how such a rule can be enforced.

Factoring Criteria for Firearms with Attached “Stabilizing Braces” | Bureau of Alcohol, Tobacco, Firearms and Explosives

Due to challenges under the Administrative Procedure Act, Final Rule 2021R-08F was set aside nationwide and has not been enforced. This page is provided for informational purposes pending further action consistent with Executive Order14206 entitled “Protecting Second Amendment Rights.” 90 Fed...

www.atf.gov

They will likely just pick such people off, as they come across them. FFLs have to submit their paperwork to the Feds.The Feds digitize all this information. So... If for some reason Joe Schmoe garners the attention of a federal agency, it really as easy as Google search to find out if Joe Schmoe ever purchased one of these controlled weapons. That gives ample cause for a Judge to approve a search warrant. Now possession of this gun makes for powerful leverage if they suspect you of any wrong doing. Cop to the lesser charge; or do the 10 years, and soak up the $250,000 fine.

Starting to see how this works..?

 

[ThunderKiss1965]

Unelected bureaucrats making laws. This should immediately be slapped down by the courts.

 

[Pete7469]

They haven't enacted it yet.

That's true, but the prescident has been judicially established that those Asshat Treasonous Fucktards are not allowed to write laws. I expect this rule to be thrown out before they can act on it. What is even more egregious is that they went as far as to supply letters when these were first marketed to assure people it was ok to have them.

 

[M14 Shooter]

That sound you hear?
Yeah. that's the NFA 1934 getting ready to fall, after its trip to the USSC.

Tens of millions of AR SBRs = "common use".
"Common use " = "bearable arm"
"All bearable arms"

Thank you, Brandon

 

[Vastator]

That sound you hear?
Yeah. that's the NFA 1934 getting ready to fall, after its trip to the USSC.

Tens of millions of AR SBRs = "common use".
"Common use " = "bearable arm"
"All bearable arms"

Thank you, Brandon

I hope you're right. But I'm highly pessimistic. There's an agenda behind this. And I feel like that is going to take precedence.

 

[M14 Shooter]

I hope you're right. But I'm highly pessimistic. There's an agenda behind this. And I feel like that is going to take precedence.

There is - "do everything possible to limit the right to keep and ber arms while we can".
They're just too stupid to realize they hasten the demise of their agenda.

Long have I hoped for an excuse to get the NFA34 before the court -- and now we have it.

 

[Pete7469]

There is - "do everything possible to limit the right to keep and ber arms while we can".
They're just too stupid to realize they hasten the demise of their agenda.

Long have I hoped for an excuse to get the NFA34 before the court -- and now we have it.

We had it with Miller, but no one showed up to counter the Gov't IIRC.

 

[M14 Shooter]

We had it with Miller, but no one showed up to counter the Gov't IIRC.

Unlikely to happen this time.

 

[task0778]

I'd be shocked if this new pistol brace rule was allowed to stand by the courts. How can it be okay to sell millions of pistol guns and then declare they have to be registered as an SBR? It'd be one thing if Congress did it, but it's another if an executive branch agency decides to change the rules. I don't believe they have that authority.