Second Amendment ATF Pistol Brace Regulation given Injunction from implimentation…

Discussion in 'Bill of Rights' started by BTPost, May 23, 2023.


  1. BTPost

    BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

    The Federal Fifth Circuit Court of Appeals in Texas just issued a Ruling Enjoining the ATF from enforcing the new Pistol Brace Regulation, for the Plaintives, until the case can be adjudicated on it’s merits, by the District Court.. There is also another case before this same Circuit Court, for a wider Injunction on the same ATF Regulation…
     
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  2. natshare

    natshare Monkey+++

    Just another "executive order", bypassing the Congressional duty to pass new laws. Done by an ignorant president (yes, TRUMP), under pressure to "do something". Utter foolishness, that should be struck down as unconstitutional.
     
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  3. Ura-Ki

    Ura-Ki Grampa Monkey

    Actually, TRUMP did the Bump-Stock, BIDEN did the Pistol Brace Bullshit, ether way, they both Fucked us Dry, no Lube, and no reach around! Remember all of this when it's time to Vote, Trump is NOT our friend, and if it's down to just him and the Potato, well,.............

    I'm hoping for the wider injunction getting enjoined, otherwise, we got problems! As of now, May31 I become a felon outside any courts ruling or Jury findings, and am only waiting for the coppers to show up to arrest me, which will end up getting a bunch of dumbfucks killed trying to take me!
     
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  4. natshare

    natshare Monkey+++

    Yep, you got me. Both executive actions need to be overturned, permanently. Bump stocks DON'T allow faster firing. And pistol braces don't allow you to shoulder the recoil spring tube on an AR pistol, any better than NOT having one on the firearm. Just another "it looks SCARY!!" thing, imho.
     
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  5. Bandit99

    Bandit99 Monkey+++ Site Supporter+

    I have no idea about the Bump as never used one, consider them a waste of ammo but most pistol braces are made so one can shoulder the weapon, at least, all I have seen are that way and most definitely are commonly used that way, and the ATF even said it was okay to do so at times...but they also said they were legal and now saying they are not...like bump stocks.

    Anyway, I did not realize that Biden was the cause of all this but I truly think this will come back to bite them in the a$$. Hoping and praying they put a stop to this nonsense before 31 May... Hell, all of North Idaho will be felons!
     
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  6. stg58

    stg58 Your message may have been removed or altered. Founding Member

    Fine movie, RIP Gunny Ermey
     
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  7. stg58

    stg58 Your message may have been removed or altered. Founding Member

    It seems that this is headed to the Supreme Court, and hopefully clarify why a 16" barrel is a rifle and a 15.5" barrel is an SBR requiring a $200 tax stamp with months to approve.
     
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  8. apache235

    apache235 Monkey+++

    And you have to ask permission to take that SBR out of state whereas a pistol depends on state laws but is generally no problem. Also, who gave the ATF the authority to make up new laws? Certainly not Congress
     
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  9. VisuTrac

    VisuTrac Ваша мать носит военные ботинки Site Supporter+++

    It kind of sounded like if you were a member of the Firearms Policy Coalition you were also a member of the class of folks that the ATF can't touch for the time being.

     
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  10. BTPost

    BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

    The latest news on this issue is, “ The NRA has petitioned the Court to join the Pistol Brace suite against the ATF, as a party to the Suite… If granted by the Court, ALL members of the NRA, would receive the Injunctive Relief granted by the Judge’s last Clarification Ruling…
     
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  11. stg58

    stg58 Your message may have been removed or altered. Founding Member

    This bill has no chance of being signed by old joe, but along with the 26 States challenging it and the court cases places more pressure on moving it to the supreme court where it seems it will end up.
    George Santos probably voted for it assuming it was kind of homosexual sex device.
    ..
    "Meanwhile, the 120-day amnesty period to modify, register, hand over, or destroy, braced pistols expired on June 1. No less than four cases are currently underway in assorted federal courts across the country challenging the brace rule as unconstitutional."
    House Votes to Roll Back Pistol Brace Ban :: Guns.com
    The U.S. House of Representatives on Tuesday approved a resolution to repeal the Biden Administration’s arbitrary ban on the use of handgun stabilizing braces."

    House Votes to Roll Back Pistol Brace Ban :: Guns.com

    In a hard-won but likely pyrrhic victory for 2A advocates on Capitol Hill, H.J. Res. 44 cleared the chamber with bipartisan support by a vote of 219-210, with two Democrats crossing the aisle to join the bulk of Republicans. The Congressional Review Act joint resolution of disapproval aims to strike down the Bureau of Alcohol, Tobacco, Firearms and Explosives’ controversial pistol brace rule that went into effect earlier this year, in effect declaring handguns equipped with a brace to be an illegal short-barreled rifle.
     
    Last edited: Jun 16, 2023
  12. oil pan 4

    oil pan 4 Monkey+++

    District judge O'Connor brings nfa into question with latest ruling:
    Screenshot_20231004-131915.
    Attachment of a brace or stock should not make a legally bearable arm into an nfa item, according to this judge.
     
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  13. oil pan 4

    oil pan 4 Monkey+++

    With the pistol brace ruling and now this it looks like SBRs are moving towards deregulation.
    Screenshot_20240725-061843~2.
    The government tried to say that there are only a half million short barrel rifles in use and somehow that means they're not common use. Although the "massholeschuchits stun gun case" set the threshold for "common use" at around 200,000.... And the whole pistol brace rule where the ATF is still maintaining the claim that 3 to 7 million braced pistols are infact SBRs (they're just not allowed to enforce it).
    Then there's another half million, of which a hundred thousand or so are 14.5 inch, select fire M4 used by the army, navy, Marines, air force and cost guard slash homeland security. So what can I say, it sucks to suck.

    So if they're going to use Miller v USA the only thing that might stay NFA regulated is sawed off shotguns. But sawed off shotguns are almost irrelevant due to the influx of 2 handed non shoulder fired smooth bored firearms with less than 18 inch barrels that are not "shotguns".
    So it appears that the government has enabled SBRs to be both common use and vital to defense. That pistol brace rule change could really bite them in the ass hard like sitting on the face of a great white shark.
    The whole point of the NFA was to ban handguns and obviously that didn't happen. The whole point of the SBR ban was to make it illegal to cut down a rifle to make it more concealable in the absence of handguns.
     
    Last edited: Jul 25, 2024
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  14. Ura-Ki

    Ura-Ki Grampa Monkey

    As I see it, and reading the tea leaves, the NFA is on it's death bed, while not entirely, the bulk of it is going to go away!
    As I see it, Machine guns will be the ONLY remaining part of the NFA, all other items will be de-regulated, so,.......
    Suppressors, Short Barreled Rifles, Short Barreled Shotguns, Pistols with attached shoulder brace, and pistols with forward grip! In addition, I expect to see the "Features" like flash hiders, barrel shrouds, pistol grips, and that damn Shoulder Thingy that goes Up, also going away!

    Now that SCOTUS has CLEARLY defined what IS and what ISN'T a Machinegun, and has slapped down several states for attempting to legislate the 2nd, I see this whole house of cards crashing and burning really quick! All it's going to take is a good solid case being accepted by the high court, and BAM, done!

    The reason I am so confident in this, the NFA of 1934 was highly illegal, SCOTUS told congress that it was illegal, and it was only after congress changed it to a TAX did SCOTUS relent to the pressure! However, the current 6/3 court seems to desire to fix past wrongs, areas where past benches got it wrong, or congress legislated beyond it's authority, and NFA, GCA, and all the others will in fact be found unconstitutional in the near future! I can say that with absolute certainty because of the SCOTUS Dobs decision striking down Roe V Wade, the abortion rights case that has stood the last 50+Years, and was clearly a Non Constitutional issue that SCOTUS was threatened and pressured by very prominent legislators and church groups to rule on, the court gave in to the pressure, and over stepped it's authority in that case, just as they did in 1943 and again in 1968, and finally, 1986!

    GIven recent rulings such as Heller/Bruen, and now with the death of Chevron, it's going to force Congress to Legislate or to back way off, and I see no path forward against the 2nd for them, there is absolutely NO majority to pass anything, nore will there ever be, and if it did, SCOTUS would strike it down anyways!
     
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  15. Ura-Ki

    Ura-Ki Grampa Monkey

    I want to clarify something here, so you know the full story! I am still NOT a Trump fan, contrary to what you may read elsewhere here on this sight, I do NOT care for Trump, and really wish we had better choices, BUT,..............
    Remember something, ( You may not even know this, which I why I am setting things strait here) After Steven Paddick allegedly shot up the Las Vegas Concert, Everyone went NUTZ on Gun Control, and congress was making serious threats, Trump met with the NRA, and asked them what they thought the best path forward would be, something that would get congress to back off of it's gun control push, so the NRA told him to Ban the Bump Stocks, and he followed their advice!

    Now, this was still a chicken shit move on DJT's part, BUT, it did get congress to back off, take a deep breath, and we didn't get anything worse then the Ban, which took nearly 4 years to undo, but here we are, most of us were NOT affected by the ban, AND, now we got the Loper Bright case which just shot down Chevron, NOW, Nobody but Congress can act, and as long as they remain divided enough, with the Repubs able to continue to block the left's gun control, We WIN!
     
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