Feds finalize tighter regulations on gun stabilizing braces

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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Jackpine Savage on Fri Feb 17, 2023 8:55 am

Until the ATF decides to change the law again.
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Bergie on Sat Feb 18, 2023 12:51 pm

gun_fan111v2 wrote:Remove the brace and throw that away and you have a pistol again that does not need to be registered and can be used with a shorter barrel. Put in a pistol buffer tube if you want to remove all traces of the brace.

Edit: the moment you put an M4 style stock on it, you have an SBR. I would not do that until you have the stamp in your pocket.


So if I just removed the brace, kept the M4-style buffer tube on it (w/no buttplate), would that still count as a pistol and not subject to this new registration?
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby samginko on Sat Feb 18, 2023 1:05 pm

We are back to the good old days before braces. Simply having a carbine buffer tube is not in violation. But, I recall people were wrapping it with parachute cord and other stuff to make it obviously not a rifle.

Advice would be to have one registered SBR, and keep rest of the uppers and lowers separate. You can argue that lowers are for future build and uppers all go on the SBR.
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Feds finalize tighter regulations on gun stabilizing braces

Postby gun_fan111v2 on Sat Feb 18, 2023 1:56 pm

Bergie wrote:
gun_fan111v2 wrote:Remove the brace and throw that away and you have a pistol again that does not need to be registered and can be used with a shorter barrel. Put in a pistol buffer tube if you want to remove all traces of the brace.

Edit: the moment you put an M4 style stock on it, you have an SBR. I would not do that until you have the stamp in your pocket.


So if I just removed the brace, kept the M4-style buffer tube on it (w/no buttplate), would that still count as a pistol and not subject to this new registration?


There are a lot of AR pistols in the stores right now just like this. Buffer tube that can take a stock, but no stock or brace installed
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Jackpine Savage on Thu Mar 02, 2023 2:14 pm

Excellent update from Washington Gun Law on the North Dakota case. Several members of congress, House and Senate, have signed onto the case.

Run time is 8 1/2 minutes.

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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Jackpine Savage on Thu Mar 23, 2023 6:58 am

A review of the Texas case by Washington Gun Law. Run time 10:41

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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Holland&Holland on Thu Mar 23, 2023 8:56 am

gun_fan111v2 wrote:
Bergie wrote:
gun_fan111v2 wrote:Remove the brace and throw that away and you have a pistol again that does not need to be registered and can be used with a shorter barrel. Put in a pistol buffer tube if you want to remove all traces of the brace.

Edit: the moment you put an M4 style stock on it, you have an SBR. I would not do that until you have the stamp in your pocket.


So if I just removed the brace, kept the M4-style buffer tube on it (w/no buttplate), would that still count as a pistol and not subject to this new registration?


There are a lot of AR pistols in the stores right now just like this. Buffer tube that can take a stock, but no stock or brace installed


Don't worry, ATF will have a ruling on those soon enough.
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Jackpine Savage on Sat May 27, 2023 10:20 am

The Firearms Policy Coalition got a partial injunction. I expect their membership will grow.

https://www.firearmspolicy.org/fifth-circuit-clarifies-that-its-injunction-against-atf-pistol-brace-rule-covers-fpc-s-members

Fifth Circuit Clarifies that its Injunction Against ATF Pistol Brace Rule Covers FPC’s Members
FRIDAY, MAY 26, 2023 POSTED BY FIREARMS POLICY COALITION

NEW ORLEANS, LA (May 26, 2023) — Today, Firearms Policy Coalition (FPC) released a statement on the Fifth Circuit’s Order clarifying that the Injunction Pending Appeal in Mock v. Garland applies to FPC’s members, Maxim Defense’s customers, and the individual plaintiffs’ resident family members. The order, along with other case documents, can be viewed at FPCLaw.org.

FPC challenged ATF’s administrative rule that seeks to reclassify “braced pistols” as “short-barreled rifles.” In so doing, the rule would transform millions of peaceable people into felons overnight simply for owning a firearm that has been lawful to own for a decade, unless they either destroy their constitutionally protected property or comply with the NFA’s onerous and unconstitutional requirements.

FPC has argued that the rule is a violation of both the U.S. Constitution and the Administrative Procedure Act because it infringes upon the fundamental and natural rights of the People. Plaintiffs sought declaratory and injunctive relief to secure their constitutionally protected right to keep and bear arms.

Per the Fifth Circuit’s Order: "This clarification is granted essentially for the reasons concisely set forth in the May 25, 2023, Plaintiffs-Appellants’ Reply to Their Opposed Motion for Clarification of Injunction Pending Appeal. . . Plaintiffs merely request clarification on whether their reading of the term ʻPlaintiffs’ to include the customers and members whose interests Plaintiffs Maxim Defense and Firearms Policy Coalition (ʻFPC’) have represented since day one of this litigation is correct.' That reading is correct. Also as requested, the term “Plaintiffs in this case” includes the individual plaintiffs’ resident family members."

"We're incredibly excited to report that the Fifth Circuit has clarified that our injunction covers FPC's members and Maxim Defense's customers, as we have always argued for," said Cody J. Wisniewski, Senior Attorney for Constitutional Litigation. "This relief will offer protection while we continue to fight against ATF's overreach."

Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.

FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.
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