Feds finalize tighter regulations on gun stabilizing braces

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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Rowdy Roddy on Fri Jan 27, 2023 9:22 am

Lumpy wrote:As far as I can tell you're fine if you simply take the brace off.

And it may take a few years winding its way through the courts but I'm pretty sure this will eventually be struck down as unconstitutional on one or more grounds.


Correct.

I think AFT is going to have a hard time in court given their previous precedent. Manufacturers that got an appoval letter from AFT have a valid case. That and the fact that AFT previously indicated that shouldering a brace doesn't change the classification of the firearm doesn't bode well.
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Holland&Holland on Fri Jan 27, 2023 6:09 pm

Rowdy Roddy wrote:
Lumpy wrote:As far as I can tell you're fine if you simply take the brace off.

And it may take a few years winding its way through the courts but I'm pretty sure this will eventually be struck down as unconstitutional on one or more grounds.


Correct.

I think AFT is going to have a hard time in court given their previous precedent. Manufacturers that got an appoval letter from AFT have a valid case. That and the fact that AFT previously indicated that shouldering a brace doesn't change the classification of the firearm doesn't bode well.

You think and correct are not the same thing.

While we might all believe that this is common sense, that does not mean the ATF and DOJ have to apply such in their enforcement.
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby warrlac on Mon Jan 30, 2023 9:31 pm

warrlac wrote:Has this regulation been published yet? I understood that it was going to be published to the Federal Register last week. Was it?

If not I wonder whether some of the identified "problems" with it might be the reason...?


Looks like it was published today (Jan 31, 2023)
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby westhope on Tue Jan 31, 2023 9:57 am

Because I care, I carry.
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Bearcatrp on Tue Jan 31, 2023 7:13 pm

Give it time, it will get blocked by the courts.
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Holland&Holland on Tue Jan 31, 2023 8:05 pm

Bearcatrp wrote:Give it time, it will get blocked by the courts.


I don't have that much faith in our courts.
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Jackpine Savage on Tue Jan 31, 2023 8:14 pm

Based on recent happenings, the 5th Circuit will find it unconstitutional, the 9th Circus will uphold it. That will take a couple years. No one will order a nationwide injunction. The Supremes might get around to hearing it in 2026.
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Jackpine Savage on Fri Feb 03, 2023 11:41 am

Here's a 13 minute video from Washington Gun Law talking about the Firearms Policy Coalition lawsuit.

And here's a link to donate to the Firearms Policy Coalition: https://secure.anedot.com/firearmspolicycoalition/fpc?amount=25&source_code=donate

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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Jackpine Savage on Tue Feb 14, 2023 6:06 am

There are at least three lawsuits going forward right now that I've heard of. Besides the Firearms Policy Coalition suit above, FRAC and 25 states have filed suit in a ND court. I think this one is good for us as we are in the same Federal Circuit. The NRA has also benevolently kicked in some money for this suit.

https://bulletin.accurateshooter.com/2023/02/frac-and-25-states-challenge-atf-rule-on-pistol-braces/

The GOA and Texas also joined up for a lawsuit.

https://www.gunowners.org/goa-and-texas-ag-paxton-file-suit-against-atf-pistol-brace-rule/
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Lumpy on Tue Feb 14, 2023 10:42 am

I could see the BATFE eluding at least one of the points of contention by issuing disability waivers to those who demonstrate that they actually are disabled.
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby TSKNIGHT on Tue Feb 14, 2023 10:39 pm

Lumpy wrote:I could see the BATFE eluding at least one of the points of contention by issuing disability waivers to those who demonstrate that they actually are disabled.


That still means it has to be registered and what happens if they decide you aren't disabled enough to be granted a waiver?
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Sorcerer on Wed Feb 15, 2023 7:33 am

TSKNIGHT wrote:
Lumpy wrote:I could see the BATFE eluding at least one of the points of contention by issuing disability waivers to those who demonstrate that they actually are disabled.


That still means it has to be registered and what happens if they decide you aren't disabled enough to be granted a waiver?

OR to disabled to be in possession of any firearm.
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Holland&Holland on Wed Feb 15, 2023 3:00 pm

Sorcerer wrote:
TSKNIGHT wrote:
Lumpy wrote:I could see the BATFE eluding at least one of the points of contention by issuing disability waivers to those who demonstrate that they actually are disabled.


That still means it has to be registered and what happens if they decide you aren't disabled enough to be granted a waiver?

OR to disabled to be in possession of any firearm.


I think according to the ATF that is anyone who votes right.
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Bergie on Wed Feb 15, 2023 3:09 pm

Okay so let me get my head around this-
Hypothetically speaking, if I built a totally awesome 300AAC upper with a 9" barrel, the Minnesota DNR says it qualifies as a legal deer-taking handgun in areas south of the rifle/shotgun border. And although it hypothetically has a buffer tube, (totally cool folding adapter) and brace, the DNR still says it's a pistol.

Now comes the ATF....hypothetically since I paired that upper with a standard AR lower complete with the previously-mentioned std buffer tube and BRACE, they say it's a short-barreled rifle (SBR) because of that brace and the fact that the barrel is -again hypothetically- 9".
So between now (let's say Jan 31) and May 31 I can either A) destroy the upper (bahahahaha!) -or- B) turn it in to the ATF (bahahahahaha!) -or- C) remove the brace and alter it so it can't be remounted and register the remaining ensemble with the ATF and they'll kindly waive the $200 registration fee (uh huh) -or- D) take off the 9" barrel and put on a 16" barrel but I can keep the brace on it because according to them, it has enough surface area to shoot from the shoulder....and the only way one can now own a brace is if it's on a "rifle".

BUT- now the DNR will say I no longer have a pistol, but now it's a rifle. [head starting to hurt]
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Re: Feds finalize tighter regulations on gun stabilizing braces

Postby Rip Van Winkle on Wed Feb 15, 2023 3:19 pm

It's government John, don't even try to make sense of it.
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