AFT pistol stabilizing brace rule just came down.

[BC38]

The stabilizing brace allows you to shoot bigger bullets for more death power. Fact.

Sent from my SM-G990U using Tapatalk

I think the quote you're looking for went like this...

"Put a pistol on a brace, it turns into a gun... makes it more... you can have a higher-caliber weapon, higher-caliber bullet coming out of that gun!"

So a brace makes a .223 into a .308? COOL! Now I really want one!

 

[Muss Muggins]

Two shootings, and 100 requests for traces. Nationwide. Ever. I stand by that statement as fact . . .

someone here tied to law enforcement looked up and found 2 crimes tied to the use of a braced pistol, with a 3rd as undetermined I believe. 2

 

[Racer X]

Two shootings, and 100 requests for traces. Nationwide. Ever. I stand by that statement as fact . . .

Love you man. I was 99% sure it was you.

 

[ladder13]

Another slap, for now.


US pistol brace rule likely illegal, federal appeals court rules | Reuters


The court did not immediately block enforcement of the rule, instead sending the case back to U.S. District Judge Reed O'Connor in Fort Worth, Texas. O'Connor will have to decide whether to issue an order blocking enforcement while the case goes forward, and if so, whether that order will apply nationwide or only to the plaintiffs in the case.

 

[smoothshooter]

This may be a blessing in disguise. Millions of AR pistols are out there. It can't be legal (or tolerated) to make millions of Americans felons overnight.
As far as the 5th Circuits ruling, that only applies within the boundaries of the 5th Circuit.
Hopefully we will see an end to the NFA and GCA within our lifetime. Better hurry up. I'm 65 and retiring next week.
Support GOA, FPC and others that support us. If we all gave just $5, it would go a long way toward getting our 2A back.
AA

NFA and GCA ‘68 are here to stay.
And will be expanded.
Socialist governments don’t tolerate widespread private ownership of large amounts of firearms very long.

 

[smoothshooter]

I only wish the court was debating law on restoring gun rights concerning something more consequential than pistol braces.

 

[Racer X]

Another slap, for now.


US pistol brace rule likely illegal, federal appeals court rules | Reuters


The court did not immediately block enforcement of the rule, instead sending the case back to U.S. District Judge Reed O'Connor in Fort Worth, Texas. O'Connor will have to decide whether to issue an order blocking enforcement while the case goes forward, and if so, whether that order will apply nationwide or only to the plaintiffs in the case.

This to me is very important "Circuit Judge Don Willett said in a concurring opinion that the rule likely violated not only the Administrative Procedure Act, but also the right to bear arms under the Second Amendment of the Constitution, an issue that the majority did not address" Since the lawsuit didn't allege 2A violations, they can't rule on it, is my understanding. Now, if it gets to SCOTUS, I believe they can toss it out on nunerous reasons, especially if the suit alleges both APA violations AND a 2A challenge. His concurrence is here "Don R. Willett, Circuit Judge, concurring: I join the majority’s careful opinion in full measure. I write separately because I suspect that the Final Rule would likely fail constitutional muster even if it were a logical outgrowth of the worksheet idea that preceded it"


What has come out of all this scrutiny, which I had no idea about, is that the BATFE has never been given authority to regulate handguns, unless they are fully automatic. The NFA specifically left out handguns. That is why the BATFE is so frantically trying to define these as short barreled rifles. THOSE they can regulate. But Congress never authorized the BATFE to regulate pistols ( unless they are fully automatic) Shotguns, rifles, hand grenades and chemical gas. No pistols in the NFA.

I read the decision last night and it was very well drafted. https://assets.nationbuilder.com/fi...0919131/Mock_v_Garland_Opinion.pdf?1690919131 "Instead, the final text of the NFA specifically exempts “a pistol or a revolver having a rifled bore” from its coverage. 26 U.S.C. § 5845(e). And when Congress enacted the GCA 30 years later to expand federal firearms regulation, the statute defined handguns but did not include any additional restrictions on them"

 

[ladder13]

I’m getting to really like the FPC.

 

[CZU]

Another ruling on Pistol Braces

[ame]https://www.youtube.com/watch?v=HZ5tENbpsHs[/ame]

 

[Racer X]

HUGE NEWS!! Judge Destroys ATF In PISTOL BRACE Case! - YouTube

https://cdn0.thetruthaboutguns.com/wp-content/uploads/2023/10/show_temp-15.pdf

and if you pay attention, he also lays out that it is a 2A violation as these arms are protected, thus parts of the NFA may be invalid, if lawsuits pursue that line of thought. And the act of adding a pistol brace falls under "gunsmithing" and that is protected as well. He even quoted this Law Review article, which I already knew about after I researched the frames/receivers rule lawsuit. https://commons.stmarytx.edu/cgi/viewcontent.cgi?article=2119&context=thestmaryslawjournal

The ATF really screwed up when they had people register their braced pistols, because we now have incontravertible proof there are at least half a million lawfully owned braced firearms in ther database, which defeats the "dangerous AND unusual" requirement to enable a ban or restrictions. Caetano (2016) established 200K+ is the threshold for "common" If its common, it isn't "unusual" Thus they can't be restricted/banned.

 

[ISCS Yoda]

I like being incidental to this ruling!!!

In affording complete relief to Plaintiffs, the injunction’s
benefits to non-parties to the suit are “merely incidental.” Id.

 

[03hemi]

Supreme Court 6-3 Decision Ends ATF Pistol Brace ruling.
Edit: This was some info told to me from a friend that's a Federal agent last night at cigar night and I'm trying to confirm it, but I'm thinking he had his facts wrong now? I can't find anything.

 

[BC38]

Supreme Court 6-3 Decision Ends ATF Pistol Brace ruling.

YESSSS!
It is a great day for the 2nd Amendment!
We are so fortunate to FINALLY have a SCOTUS majority that is actually interpreting the Constitution in the context of the framer's original intent - rather than trying to legislate from the bench.

EDIT: AWWWWWW MAN! I too was so thrilled I jumped right on the bandwagon! Hopefully just a premature celebration.

 

[Well Armed]

Supreme Court 6-3 Decision Ends ATF Pistol Brace ruling.

What are you talking about? They haven't had a pistol brace case argued before them yet. The brace lawsuits are still working their way up the judicial ladder.

 

[s&wchad]

Supreme Court 6-3 Decision Ends ATF Pistol Brace ruling.

I've seen nothing about this...
Got a link?

 

[03hemi]

What are you talking about? They haven't had a pistol brace case argued before them yet. The brace lawsuits are still working their way up the judicial ladder.

I edited my statement. You are correct, bad info from a federal agent.
I was so ecstatic when he told me this and I didn't know if it had come up to them yet, but naturally I took his word because he's a federal agent with his own AR pistols.
I so wanted this nightmare to be over too, sorry guys.

 

[03hemi]

I've seen nothing about this...
Got a link?

See my edited post, bad info from a federal agent friend at cigar night. He had his facts wrong.

 

[wood714]

I've wondered what's going on with the pistol brace thing.

PSA is selling lowers with a pistol brace. I called them yesterday, and they said there's no law preventing them from selling them. The girl did say some FFL's won't accept them. Obviously PSA can't ship a Class 3 NFA weapon to a regular FFL.

Mine does, and I have a 7.5" 5.56 upper that needs a pistol lower. Still have everything else too. I did the stupid free tax stamp on the lower in the pic. I have 13" upper on it now.

It was the perfect truck gun for multi state road trips. No laws in FL. GA, Tenn, KY, or OH about having a pistol in your truck that I know of. My carry permit is good in all them too.

 

[GaryS]

This just in.

Federal Judge Vacates ATF Rule on Pistol Braces – Bearing Arms

We're still waiting to see what the Supreme Court does in Rahimi and Cargill, but gun owners did get some very good news from the federal courts on Thursday. A U.S. District Judge in Texas has vacated the ATF's rule treating pistols equipped with stabilizing braces as short-barreled rifles; granting relief not only for the named plaintiffs involved in the litigation, but for every gun owner across the country who owns a brace.

In his decision, U.S. District Judge Reed O'Connor ruled that the ATF's rule treating most pistol braces as accessories that turn pistols into SBRs violated the Administrative Procedures Act in a number of ways.

Still a long way to go, but this is a very good decision. As noted in the article, depending on what SCOTUS decides in Cargill this might hold up.

 

[CH4]

Its not.

Stocks on handguns have been illegal (without government approval) since before I was born. And I’m old.

Pistol braces are stocks. The work-around worked for a while. It doesn’t anymore.

If you want pistol stocks to be legal, work on that.

I will now launch myself onto many ignore lists: I don’t care about the ATF deciding pistol stocks are masquerading as arm braces.

I hear what you’re saying and totally agree, but ATF created this mess and there’s no way to put the genie back in the bottle. For years the ATF said they were legal, issuing approval letters to manufacturers. Relying on ATF’s green light, millions of braces were made and millions were purchased. Can’t change boats mid-stream, especially now that they’re in common use and then go after law abiding citizens for an arbitrary and capricious regulation.

The equally vague, capricious and arbitrary gun show loophole fiasco is also on the same track to a similar and certain death.