Breaking: Pending ATF Rule Change About Pistol Braces

[EZ-E]

Alternatively, Congress could have written a simple law to amend the US Code to state something along the lines of “federal agencies shall only have the power to regulate firearms in a manner consistent with the Constitution”.

Exactly how it should be written.

 

[cycleguy2300]

Yeah, tell me how that goes.


Problem with that is when you kick the dog it comes back with more and bigger dogs. Unless you’re willing and have the funds to go to SCOTUS and hope they kick the dog for you, or you plan on a full on shooting war with the dog and have an army to back you up...you won’t ever kick the dog hard enough for it to leave you alone. You’ll just piss it off.


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I can't kick it hard enough, but WE can.

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[cycleguy2300]

True


That would be unconstitutional. Regulations (formally known as rules) are one of just a couple of ways the executive branch implements (or not) the laws that Congress writes. While there’s effectively more to it than that, rules allow executive agencies much more flexibility (for good or bad) to implement a law. They are also easier (for good or bad) to change or rescind. The good news across all that is if the law is unconstitutional, so are all implementing rules. The law can also be constitutional while the implementing rules aren’t.


When Congress tries to write a law that is regulatory in nature, you end up with crazy shit. Specific to this topic, GCA 68 is a regulatory law that birthed FOPA, the Brady Act, and NICS Improvement Act. NFA is a similar law that was written to be regulatory in nature. See how well any of those worked out?

Alternatively, Congress could have written a simple law to amend the US Code to state something along the lines of “federal agencies shall only have the power to regulate firearms in a manner consistent with the Constitution”.

The problem is that WE are the ones having to live by the whims of men instead of by laws implemented by a representative body.

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[toddnjoyce]

The problem is that WE are the ones having to live by the whims of men instead of by laws implemented by a representative body.

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I don’t disagree; why we live by the whims of men is because Congress deemed it so.

This subject is one area where I have come to see the wisdom of @benenglish ‘s grand compromise approach when it comes to firearms legislation. The devil in the details is the executive branch gets to write rules in the absence of specific legal language.

 

[cycleguy2300]

I don’t disagree; why we live by the whims of men is because Congress deemed it so.

This subject is one area where I have come to see the wisdom of @benenglish ‘s grand compromise approach when it comes to firearms legislation. The devil in the details is the executive branch gets to write rules in the absence of specific legal language.

I have always felt the 2nd amendment was more than enough legal language...

But I know you are right with "how it works in real life"

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[billtool]

It just fries my ass that a couple GS-11's can dictate whether or not my 2A rights are respected.

 

[benenglish]

It just fries my ass that a couple GS-11's can dictate whether or not my 2A rights are respected.

To be fair, they're probably GS-12s and they got a GS-13 to sign off on it...

 

[Axxe55]

I can't kick it hard enough, but WE can.

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Enough gun owners writing and calling their elected representative stating how we feel about this overstepping of their authority by the ATF will go much further than calling or writing the ATF.

 

[oldag]

The ATF did this intentionally. As they look at the names and addresses of those who commented, they know where to go hunting when they outlaw them in January.

 

[PinnedandRecessed]

The ATF did this intentionally. As they look at the names and addresses of those who commented, they know where to go hunting when they outlaw them in January.

You say this like we're all not on "the list" already.... especially someone with 10,000+ comments on a "radical right-wing terrorist" website like TGT.

 

[ZX9RCAM]

At least he's not a paying supporter....

 

[PinnedandRecessed]

At least he's not a paying supporter....

Not gonna sweat it. I'm definitely on "the list".

 

[Wolfwood]

Well. Someone Once told me, I think it might have been here actually, he said "boy, if you ain't on atleast one or two of them lists, well, you just ain't living right"

 

[Curt Gunner]

I've been away for two weeks,so I'm late to the party.However to reply to post #43,yes,
contributions to both Loeffler and Perdue.

 

[seeker_two]

A wise fellow once told me, "If you think you're being hunted, then you need to turn around and do the hunting......"

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[TheDan]

...or you plan on a full on shooting war with the dog and have an army to back you up...

Having an army won't do it either. Even though the drug cartels are well armed, they aren't what's winning the drug war. Massive civil disobedience is. When enough people ignore a law it becomes irrelevant.

 

[Bozz10mm]

I'm hearing rumors that the ATF has not actually withdrawn the proposal yet. Maybe that's why they left the date blank.

 

[imacad]

I think they're waiting for administrations to change

 

[Fishkiller]

Supposedly the rule has been withdrawn, if you can believe the article. Looking at the ATF notice the date of withdrawal is left blank. (A link is embedded in the article). But as others have noted Uncle Joe and the Ho can issue an executive order to ban the braces.

NRA, gun-rights advocates hail ATF withdrawal of planned guidance on pistol-stabilizing braces

The National Rifle Association and other supporters of Second Amendment gun rights have hailed a recent decision by the Trump administration to reverse course on planned guidance regarding pistol-stabilizing braces.

www.foxnews.com

 

[cycleguy2300]

Supposedly the rule has been withdrawn, if you can believe the article. Looking at the ATF notice the date of withdrawal is left blank. (A link is embedded in the article). But as others have noted Uncle Joe and the Ho can issue an executive order to ban the braces.

NRA, gun-rights advocates hail ATF withdrawal of planned guidance on pistol-stabilizing braces

The National Rifle Association and other supporters of Second Amendment gun rights have hailed a recent decision by the Trump administration to reverse course on planned guidance regarding pistol-stabilizing braces.

www.foxnews.com

I have a 2nd ammendment that says they can't...

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