DOJ/ATF Issues Letter, Seeks to Make Braced Pistols NFA Items

[KLB]

You do realize that a federal court struck down the NFA provision against SBSs in the 30s? The .gov appealed it to the SC and got the conviction reinstated and the ruling against the law overturned when the owner of the SBS in the case failed to appear leading to a default judgment with no consideration being given to the fact that the man had not been informed of the SC case or the fact that he could not appear by virtue of being dead by that time.

Ever wonder why no one has challenged it since?

 

[IndyDave1776]

Ever wonder why no one has challenged it since?

Standard leftist procedure. Scream "PRECEDENT" once they finally get their way. By the time of this case, the court was 8/9 Red Frank appointees, soon to become 9/9. You can't go up against a court packed with leftist activists following Red Frank's 4 terms in office. Trump has brought us the first ostensibly right-leaning court since that time.

 

[mototc]

Typical flip flop based on the political enviro.
IMO, too many manufacturers blurring the line between brace and stock. Figured this would be coming with a change of power which is why I don't own one.
Wish we had politicians with common sense to update the NFA. I could never understand why pistol caliber carbines would ever be classified as a SBR

 

[cbhausen]

Typical flip flop based on the political enviro.
IMO, too many manufacturers blurring the line between brace and stock. Figured this would be coming with a change of power which is why I don't own one.
Wish we had politicians with common sense to update the NFA. I could never understand why pistol caliber carbines would ever be classified as a SBR

How does the current political environment encourage a flip-flop instead of tightening the regs on these accessories? Come to think of it, BATFE doesn’t regulate accessories, only firearms so they should leave braces the hell alone.

Are you a fortuneteller? Seems you made all the right decisions based on what you knew would happen?

And, should commonsense politicians just take PCC off NFA because that’s what you want? Or should NFA be repealed entirely? Because that’s what I want.

Finally, if you really think NFA goes too far why would you pull your horns in and refrain from buying a legal accessory which shouldn’t be regulated in the first place and which, when more in common use, makes it more difficult to ban by fiat?

 

[Hop]

My thoughts on the subject.

First, I've always been surprised that the ATF ever allowed any kind of brace for AR pistols. I've seen lots of these at the range, and every single one of them has always been fired from the shoulder 100% of the time. I know several individuals who have either avoided having a brace, or registered their weapon as an SBR to begin with because they always anticipated that this would happen. I get the idea that someone was trying to help people more accurately control an AR Pistol with one hand, but even the original braces were clearly configured to also be fired from the shoulder. We can argue against it by asking how it's possible that they could change their minds after allowing them to be sold for nearly a decade, but we will loose that argument. The ATF and DOJ should have said NO when they reviewed them the first time around. The fact that they did not do so does not mean that they can't do so now. The root of this issue is that an organization such as the ATF, or even the DOJ is left trying to classify what falls under the NFA and what doesn't. That is not acceptable, and I would say that it's not even legal. There is a reasonable expectation that a LAW be clear enough and specific enough to avoid this kind of ambiguity. With every law there will be SOME level of ambiguity, but this is nonsense. This is not something that was unforeseeable in 1934. The fact is that the NFA and the GCA were both intentionally written with the purpose of allowing the government to "interpret" the laws as they see fit in order to accomplish their agenda. That agenda being restricting the American Citizen's access to "weapons of war" that could be used against government officials. This brings me to my 2nd point. Regardless of whether these laws were written with ambiguous language on purpose or by ignorance is irrelevant. The NFA and the GCA are both 100% unconstitutional. "the right of the people to keep and bear arms, shall not be infringed." is the single clearest piece of language penned into the entire Bill of Rights. Even the 2A's purpose is clearly spelled out. We the people have a God given RIGHT to "weapon's of war". This right, and the willingness to use it is what defines a person as being free. If our court system, specifically the SCOTUS, refuses to fulfill their sworn oath of upholding the constitution, and protecting our God given rights, then we've either reached the end of our Government or the end of our Freedom. The fact that millions of braces have been sold and installed in a formerly legal fashion on AR pistols will most certainly give us an opportunity to test whether or not the SCOTUS will do its job or not. Given it's recent refusal to hear Texas's lawsuit over the election, where some states unconstitutionally changed their election procedures, I'd be willing to bet on what their decision would be.

I agree in part but "weapon's of war" are the exact guns we are guaranteed by the 2A & it's already been settled by a SCOTUS case in US v. Miller in 1939.

While that case supports the stupid GCA, it also tells us what we're supposed to have... common weapons of war.

"the Militia comprised all males physically capable of acting in concert for the common defense. 'A body of citizens enrolled for military discipline.' And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."

UNITED STATES v. MILLER et al.

www.law.cornell.edu

 

[worddoer]

I will be hitting both pistol brace threads since both of them seem to have the mixed up post issue.....hopefully one of these will be noticeable.

It seems that the ATF "withdrawing" the brace reclassification letter may do nothing. It seems that the DOJ still needs to review the letter since it was started and could still rule in line with what the ATF was proposing.

The letter has not been removed from the federal registry and you are still able to make comments. Linky below.....

Federal Register :: Objective Factors for Classifying Weapons with “Stabilizing Braces”

So the question then becomes, was the "withdraw" notification nothing more than a way to get 2nd amendment supporters off the ATF's back?

More info here...

 

[frenchiectfd2203]

Yep. And they like ice cream!!