Pistol Brace Amnesty/Registration

[MountainGirl]

....

The way Scalia screwed us over in the Heller decision means that overturning the NFA is a non-starter. But we really, really need a "National Firearms Act Technical Corrections Act" that removes silencers and short barreled weapons (and bump stocks, too) from federal notice in any capacity. If we could tack on some corrections to the travesties of 1986 as well as add a new amnesty (as per the one after the GCA passed), that would be the icing on the cake.

That would be nice...personally I'd like to go back and start the 'correcting' in 1934, with a brief stop over in 1972. It's ALL unconstitutional, and has been since day one. IMO.

 

[Vaquero]

Here's something we can agree on.

Gaetz introduces 'Abolish the ATF Act' after ruling against stabilizing braces

Rep. Matt Gaetz, R-Fla., introduced the "Abolish the ATF Act" on Tuesday following a controversial ruling by the agency that tightens regulations on pistol-stabilizing braces.

www.foxnews.com

 

[vmax]

Here's something we can agree on.

Gaetz introduces 'Abolish the ATF Act' after ruling against stabilizing braces

Rep. Matt Gaetz, R-Fla., introduced the "Abolish the ATF Act" on Tuesday following a controversial ruling by the agency that tightens regulations on pistol-stabilizing braces.

www.foxnews.com

I wished it had a snowballs chance in Hell of going full through

 

[MountainGirl]

I wished it had a snowballs chance in Hell of going full through

It doesn't - but like Gaetz said: (from that ^^ link)

"... "My bill would abolish the ATF. If that doesn't work, we're going to try defunding the ATF. If that doesn't work, we're going to target the individual bureaucrats at the top of the ATF who have exceeded their authority in rulemaking. And if that doesn't work, we're going to take a meat cleaver to the statutes that the ATF believes broadly authorize their actions."

 

[PinnedandRecessed]

It doesn't - but like Gaetz said: (from that ^^ link)

"... "My bill would abolish the ATF. If that doesn't work, we're going to try defunding the ATF. If that doesn't work, we're going to target the individual bureaucrats at the top of the ATF who have exceeded their authority in rulemaking. And if that doesn't work, we're going to take a meat cleaver to the statutes that the ATF believes broadly authorize their actions."

I'd like to hear this from our two Senators. I don't have a lot of faith in Cornyn but Ted better start saying something soon....

 

[toddnjoyce]

Still hasn’t hit the Federal Register. Conveniently publicized right before SHOT Show, though.

I’ll look tomorrow and see if there’s been any movement.

 

[Steve In Texas]

This reply by Alito and Thomas in the New York State case “Applicants should not be deterred by today’s order from again seeking relief,” may be the best indicator that waiting to see what happens for 30 to 60 days after publication may prudent. There are millions of potentially impacted firearms out there so that is many opportunities to seek relief.

 

[billtool]

Here's something we can agree on.

Gaetz introduces 'Abolish the ATF Act' after ruling against stabilizing braces

Rep. Matt Gaetz, R-Fla., introduced the "Abolish the ATF Act" on Tuesday following a controversial ruling by the agency that tightens regulations on pistol-stabilizing braces.

www.foxnews.com

You’re right as far as I’m concerned. But the guy is still a grandstanding turd.

 

[V-Tach]

You’re right as far as I’m concerned. But the guy is still a grandstanding turd.

You're right of course, but the deep state went after him too and he survived to grandstand.......

 

[toddnjoyce]

Still not published in the Federal Register

 

[benenglish]

Still not published in the Federal Register

If I were the BATFE, I might hold off on publishing as long as I was getting thousands of hours of legal analysis from the people who are getting ready to sue me.

If the opposition is willing to provide a detailed narrative about how your actions will fail legal scrutiny, why not take your time, sit back, listen carefully, and publish something that has been re-written to head off all objections?

 

[gll]

More from Washington Gun Law

 

[Steve In Texas]

Regarding BATFE waiting to see what the opposition says:
The Fifth Circuit calling out BATFE being able to use Chevron Deference in the Bump Stock case is going to suggest the first suits on Brace Rules be one of our local Fifth District. The biggest issue in my mind though is the holding for West Virginia V. EPA (30JUN2022) holding calling out regulatory agencies for basically making major doctrinal rules from existing lesser statutes. When you read all the changes to what is the definition of a rifle that BATFE is proposing that is far past the original three.

 

[toddnjoyce]

If I were the BATFE, I might hold off on publishing as long as I was getting thousands of hours of legal analysis from the people who are getting ready to sue me.

If the opposition is willing to provide a detailed narrative about how your actions will fail legal scrutiny, why not take your time, sit back, listen carefully, and publish something that has been re-written to head off all objections?

DOJ publicly stated the final rule was submitted to the Federal Register last Friday.

Justice Department Announces New Rule to Address Stabilizing Braces, Accessories Used to Convert Pistols into Short-Barreled Rifles

Today, the Department of Justice announced it has submitted to the Federal Register the “Stabilizing Braces” Final Rule, which makes clear that when manufacturers, dealers, and individuals use stabilizing braces to convert pistols into rifles with a barrel of less than 16 inches, commonly...

www.justice.gov

Considering Monday was a federal holiday and there is some sausage making that goes on between submission and publication it’s been a reasonable delay so far. I would expect NLT end of next week for publication.

But if DOJ is lying in their statement above, then that’s even more Machiavellian then I usually give political appointees credit for; that’s real bureaucratic evil.

 

[ZX9RCAM]

In the above link....

"Other options including removing the stabilizing brace to return the firearm to a pistol"

It's been stated previously that this is not an option, no?

 

[Bozz10mm]

If I were the BATFE, I might hold off on publishing as long as I was getting thousands of hours of legal analysis from the people who are getting ready to sue me.

If the opposition is willing to provide a detailed narrative about how your actions will fail legal scrutiny, why not take your time, sit back, listen carefully, and publish something that has been re-written to head off all objections?

Yes, they could be just waiting to see all the points the law suits are going after in order to prepare their defense of the rule.

Is it possible that after seeing all the opposition to the rule, they (ATF) are having second thoughts about publishing the rule?

 

[Bozz10mm]

In the above link....

"Other options including removing the stabilizing brace to return the firearm to a pistol"

It's been stated previously that this is not an option, no?

I don't think it's an option for pistols with an extension tube like the AR pistols. But it would work for AK pistols and others like the Ruger PC Charger etc.

 

[smittyb]

Yes, they could be just waiting to see all the points the law suits are going after in order to prepare their defense of the rule.

Is it possible that after seeing all the opposition to the rule, they (ATF) are having second thoughts about publishing the rule?

And miss the chance to shoot tens of thousands of dogs?

 

[TheDan]

Is it possible that after seeing all the opposition to the rule, they (ATF) are having second thoughts about publishing the rule?

Possibly could just be a trial balloon. Kinda doubt it.

 

[toddnjoyce]

In the above link....

"Other options including removing the stabilizing brace to return the firearm to a pistol"

It's been stated previously that this is not an option, no?

Oh, it’s an option. But there is now more to determining what constitutes a pistol instead of what the law states. To include manufacuter marketing material and public usage. And because ALL ARs with a buffer tube have surface area that is shoulderable, they are all SBRs regardless.