JUST IN! Nation WIDE injunction on the Pistol Brace Rule!

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1. Owning/possessing/drinking/selling alcohol is not enshrined in the Bill of Rights. Congress itself did not ban alcohol, another error - Congress might have written that amendment but it took a two-thirds majority of state legislatures to ratify it.

2. A Constitutional amendment banning something that was in common existence is a far cry from an administrative agency's rule-making. You cannot conflate a Constitutional amendment with an agency's rule on a subject.

Heaven help us if we ever have a Constitutional convention where everything is on the table.

But there have been thousands of proposed amendments and only 27 have been adopted and, if we think about the BofR as literally a part of the original 1787 Constitution, then in 235 years there have only been 17 amendments and the 18th Amendment/Prohibition was repealed by the 21st Amendment because it was so overwhelmingly unpopular, never mind stupid on its face.

Jus' sayin'.....let's not confuse these issues.........


That's what I was getting at. What if, at some point, the constitution is amended to prohibit something that is in common use? It did happen with alcohol, so I would not say that it is impossible with anything firearms related.
 
That 2/3rds thing gets in the way of that but if it DID happen there is going to be bigger things that we should have already been worrying about.
 
But in common use was not the only reason for setting it aside. The changes to the final rule from the preliminary one seem to be the other reason. "logical outgrowth"

Change it back to placate the present administration. It's one or the other. Choose one. Apparently they chose the wrong final rule this time.
 
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I was curious about this too.
If you have the brace on, it's a legal pistol. What do you do with the tax stamp? I guess you could put a solid stock on it.
At any rate, mission accomplished. They have a few of them registered, anyway.

They have a few of them registered, anyway

That was the main problem as I saw it. People trying to do the right thing and end up in a federal database somewhere.

I don't own an SBR or AR so no skin in the game, but I know many people just opted out of getting a stamp.
 
OK, so here's the question....

First I'm not a Lawyer, nor did I ever play one on TV.
This thread sounds like the whole pistol brace fiasco is dead, hurray...
So, what does it mean? I'd guess that less than 1% of the pistol braces are in use by a one armed individual....
Having said that, and we know there's been several "you can, nor you can't" shoulder a pistol braced AR, so is that still illegal, or is that the gist of this discussion, that one can shoot a pistol braced AR (or other semi-auto) when shouldering the firearm??
If I missed this in all the posts so far, my apologies, just trying to understand the what have you's and all.

In looking at Palmetto's sales of a pistol with brace it reads:

These braced pistols are designed and intended only for use as forearm braces to provide a more stable firearm platform. They are neither designed nor intended to be fired from the shoulder. As configuration changes may alter the classification of a particular firearm, the user bears sole responsibility for determining the correct application of state and federal law

Sooo, just curious as to what this means in real terms....
 
Anyone read about this thing called prohibition? A constitutional amendment to ban the sale and possession of alcoholic beverages. Alcohol was perfectly legal before 1920, yet congress banned it from 1920 to 1933, so don't delude yourselves into thinking that lawful possession by millions today prevents a prohibition tomorrow. Would it be a mistake for the government to do such a thing? Yes, but humans have a habit of forgetting history and its mistakes and end up repeating the mistakes.

HUGE difference between the brace ban and prohibition. First of all after congress passed prohibition then it had to get ratified by 3/4 of the states. The brace ban was simply made up by a agency. Wasn't even a vote in congress.

In theory they could pass and get ratified an amendment prohibiting the private ownership of guns.

BUT it takes a whole lot of people besides congress to amendment the constitution.
 
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This thread sounds like the whole pistol brace fiasco is dead, hurray...

So, what does it mean? I'd guess that less than 1% of the pistol braces are in use by a one armed individual....
Having said that, and we know there's been several "you can, nor you can't" shoulder a pistol braced AR, so is that still illegal, or is that the gist of this discussion, that one can shoot a pistol braced AR (or other semi-auto) when shouldering the firearm??
The ATF ruling isn't dead yet, but it has been read the last rights.

This article lists the ATF flips and flops concerning pistol braces. Note the 2015 and 2017 rulings.

Can You Shoulder an AR Pistol? - Brace Legality Status & ATF "Rules" - 80 Percent Arms
 
And, other than making speeches, the POTUS isn't involved in the amendment process.
It only takes 13 States to kill an amendment.

73,
Rick

But, never underestimate the stupidity of people in large groups. Like mentioned prohibition did mange to pass despite the fact that the majority liked a sip now and again and did so. Plus, as a country we didn't learn anything from prohibition. Next up was making basic drugs against the law, then declaring war on them. We tied up our court systems, filled our prisons, made lots of gangs and criminal organizations tons of money, caused turf wars that make Capone and his boys look like pikers, it has financed 3rd world cartels that corrupted lots of governments and murdered thousands. Heck even big pharmaceutical companies figured out how to cash in and added to the addicted population. After 50 years there are way more drugs, way more drug crime, designer drugs, all way more powerful than what we tried to stop. Plus, now you can get near any kind of drug in any corner of America day or night.

Yup, we learned so much from the prohibition of alcohol that when we went to war on drugs it was a far worse disaster. :rolleyes:
 
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I realize I am old and out of touch , and I am asking in all seriousness , but I dont understand this whole thing.....if you want a brace for a handgun is that not called a rifle??
 
I realize I am old and out of touch , and I am asking in all seriousness , but I dont understand this whole thing.....if you want a brace for a handgun is that not called a rifle??

The ATF said so. For 10 years they rubber stamped pistol braces as acceptable accessories and said they did not make a pistol a short barreled rifle. And if we can't trust the ATF, who can we trust?
 
I realize I am old and out of touch , and I am asking in all seriousness , but I dont understand this whole thing.....if you want a brace for a handgun is that not called a rifle??
A Shockwave or Tac-14 isn't a short barreled shotgun, because laws are written in a specific way and the words have meaning. When the ATF gives something their blessing and allows millions of them to be sold over a long period of time, the items fall under the category of "common use" and can't just be banned later under an administrative decision.

A number of laws stood for decades and were later ruled unconstitutional. Short barreled rifles/shotguns and suppressors should be protected under the 2nd Amendment.
 
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I realize I am old and out of touch , and I am asking in all seriousness , but I dont understand this whole thing.....if you want a brace for a handgun is that not called a rifle??

No, putting a brace on a pistol doesn't transform it into a rifle. Why, you might ask? It's very simple. Congress clearly defined in plan text what a rifle is, and a braced pistol does NOT fit that description. The ATF and Biden decided to unilaterally change Congess' definition of a rifle so that it included brace pistols. The unelected regulation branch of government does not have the constitutional power to rewrite/amend the law. It doesn't matter what the ATF gives or gives their blessing on, but rather what the legislative branch gave their blessing on.
 
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I'm seeing more and more braced pistols and braced lowers advertised for sale on the net.
Likely people looking to offload them out of fear they will become illegal and either have to register them (possibly pay a fee) or turn them in.
 
I was at my local FFL picking up something I'd ordered. He told me the ATF lost and the pistol brace ruling was dead.

I searched online, but couldn't find anything concrete about it.

If it's dead, I'm gonna put the brace back on my AR, and remove it from the registry.
 
I realize I am old and out of touch , and I am asking in all seriousness , but I dont understand this whole thing.....if you want a brace for a handgun is that not called a rifle??
A brace, used as a brace is not a rifle.

The original "brace" wrapped around your forearm between the wrist and elbow allowing you to shoot one handed.

The ATF said shouldering said brace was Ok until, dummy's on social media doing dummy things caused the antigunners to go on a mission.
 
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