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Ruling: Millions of NRA Members Exempt From Pistol Brace Ban
thereload.com ^ | April 1, 2024 6:19 pm | Stephen Gutowski

Posted on 04/02/2024 5:58:46 AM PDT by Red Badger

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1 posted on 04/02/2024 5:58:46 AM PDT by Red Badger
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To: PROCON; marktwain

Brace yourself ping!................


2 posted on 04/02/2024 5:59:20 AM PDT by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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To: Red Badger

The leftists aren’t even close to being done with judge shopping.


3 posted on 04/02/2024 6:03:50 AM PDT by CatOwner (Don't expect anyone, even conservatives, to have your back when the SHTF in 2021 and beyond.)
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To: Red Badger

I thought it was illegal to demand a firearms registry. They have gone as far as to declare a small piece of metal a “machine gun”. Hood rats running around with Glock switches and they want to pick on NRA members who want to protect their hearing and enjoy shooting. Some outfit. I say defund the ATF now.


4 posted on 04/02/2024 6:05:51 AM PDT by bk1000 (Banned from Breitbart)
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To: bk1000

Constitutionally, there is no need for the ‘F’ in the ATF.

IOW, get the ‘F’ OUT!.................. ..............


5 posted on 04/02/2024 6:08:14 AM PDT by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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To: Red Badger
Constitutionally, there is no need for the ‘F’ in the ATF. IOW, get the ‘F’ OUT!..................

Alcohol, Tobacco, and Firearms should be a convenience store, and in Frankfort, MI, it is! (I took this pic:)


6 posted on 04/02/2024 6:25:11 AM PDT by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
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To: Red Badger; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from this Ping List.

More 2nd Amendment related articles on FR's Bang List.

7 posted on 04/02/2024 6:27:10 AM PDT by PROCON (Sic Semper Tyrannis)
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To: Red Badger
As stated in the article, Judge O'Conner has, already, issued a nationwide injunction against the pistol brace rule.

The 16" rule was purely arbitrary, anyhow, as was the "gun muffler" ban.

8 posted on 04/02/2024 6:40:01 AM PDT by Eagles6 (Welcome to the Matrix . Orwell's "1984" was a warning, not an instruction manual.)
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To: Red Badger
Hypothetical question:

How does this ruling affect NRA members who do NOT currently own a pistol/brace? Are they covered by this ruling as well, and in a good position to run out and buy a pistol and brace combo of their choice, or would they run afoul of the BATFE if they do?

Again, this is a strictly hypothetical question as I've seen the light to global peace and tranquility and cut all my guns up into scrap, receiver first then the barrel, and disposed of them for their scrap value.

I'm not into that kinda stuff any more, I'm just axin' out of curiosity.

9 posted on 04/02/2024 6:42:10 AM PDT by OKSooner ("You won't like what comes after America." - Leonard Cohen.)
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To: Yo-Yo

Needs a cigar display.

L


10 posted on 04/02/2024 6:47:35 AM PDT by Lurker ( Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: bk1000

In 1941, after seeing how the nazis used gun registration to disarm citizens of their guns in occupied countries, the US Congress past a resolution to NEVER REGISTER FIREARMS. This was a month or so before Pearl Harbor.
The democrats, in 1968, twisted themselves into a pretzel trying to force Federal gun registration on the US Citizens.

But don’t think they don’t know who has what! Inventory your guns to see which have a paper trail back to you. I wish I still had those I bought before the 1968 Gun Control Act was made law. They do know about those I bought from the CMP.


11 posted on 04/02/2024 6:55:47 AM PDT by Ruy Dias de Bivar
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To: Red Badger

The whole pistol brace thing is just a way to get around the stupid law against short barreled rifles. Let’s just rid of this law and resolve the whole thing.


12 posted on 04/02/2024 6:56:48 AM PDT by circlecity
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To: circlecity

The Left will never stop.......................


13 posted on 04/02/2024 7:06:31 AM PDT by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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To: bk1000

Partly explained here -—> https://www.pewpewtactical.com/autokeycard-explained/

A youtuber is in prison for TALKING about the auto key card.


14 posted on 04/02/2024 7:12:29 AM PDT by OSHA (Dale Carnegie has a restraining order against me.)
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To: Red Badger

later


15 posted on 04/02/2024 7:19:07 AM PDT by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: circlecity
"The whole pistol brace thing is just a way to get around the stupid law against short barreled rifles. Let’s just rid of this law and resolve the whole thing."

Yes and no. Mostly yes.

Grant Shaw and Alex Bosco (the S&B in SB Tactical) invented the first "pistol brace" for a friend who is a Vietnam vet and his service-connected disabilities left him unable to "present' a handgun in the normal fashion. So they ginned up a contraption that allowed him to present and fire more or less like a 'normal' person would.

https://www.sb-tactical.com/

However, the majority of the hundreds of thousands of these things that have been sold are being used by able-bodied folk.

Like anybody who makes devices like these, SB Tactical sent an example to the ATF to get their take on its legality. ATF's original opinion was that it's an accessory and accessories don't/can't transform a handgun into an SBR. Then they changed that and said if you fire the weapon with the brace mounted to your shoulder, that makes the handgun an SBR. Then they crawfished and said they don't dictate how devices are used, their rulings are entirely based on configuration and function.

Then they did Dementia Joe's executive fiat, which was a clear violation of 5 U.S. Code § 553, the Administrative Procedures Act (as was Trump45's fiat directing ATF to ban the bump-fire stock). and gave brace owners opportunity to "Form-1" their brace-equipped pistols into SBRs at no cost.

And now the question is on its way to SCOTUS. In the current atmosphere I don't see this surviving SCOTUS review.

And if that comes to pass, the people who get the bulk of the credit should be the ones who bought those thousands of braces intending from the outset to tempt fate use them as shoulder stocks.

16 posted on 04/02/2024 8:26:40 AM PDT by Paal Gulli
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To: Red Badger

The judge who made this ruling is black. And he was a Klinton appointee.

There’s a copy of the complete ruling here:

https://thereload.com/app/uploads/2024/04/Order-Granting-Preliminary-Injunction-003.pdf

If you have a braced pistol you might want to keep a copy handy in case Barney Fife decides to hassle you. My LGS has an indoor range and about weekly it changes whether they’ll allow braces on it because the ATF has specifically directed them to report anyone shooting a braced pistol.

The crux of the biscuit:

Memorandum Opinion and Order – Page 22

III. Conclusion and Preliminary Injunction

For the reasons explained, the court concludes that the NRA has associational standing to sue on behalf of its members and has met its burden of establishing each of the four requirements for a preliminary injunction. The court, therefore, grants the NRA’s Motion (Doc. 8) and request for a preliminary injunction, and it enjoins the ATF; Steven Dettelbach, in his official capacity as the Director of the ATF; the United States Department of Justice; and Merrick Garland, in his official capacity as the United States Attorney General from enforcing the Final Rule against the NRA’s members pending the final resolution of this action on the merits. In accordance with Federal Rule of Civil Procedure 65(d), this preliminary injunction order enjoins and applies with equal force to Defendants’ “officers, agents, servants, employees, and attorneys,” and “other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A) or (B),” and Defendants shall provide notice to all such persons of this preliminary injunction order.

It is so ordered this 29th day of March, 2024.


17 posted on 04/02/2024 8:33:35 AM PDT by Paal Gulli
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To: Paal Gulli

the ATF has specifically directed them to report ......

AND THE BASIS FOR THIS ‘ORDER’ IS?......................


18 posted on 04/02/2024 8:35:44 AM PDT by Red Badger (Homeless veterans camp in the streets while illegals are put up in 5 Star hotels....................)
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To: OKSooner
...How does this ruling affect NRA members who do NOT currently own a pistol/brace? Are they covered by this ruling as well, and in a good position to run out and buy a pistol and brace combo of their choice, or would they run afoul of the BATFE if they do? ...

If you'll read my post above you'll see the court order enjoins DOJ and the ATF (and all their collective tentacles) from enforcing the rule against NRA members. Period. Full stop.

What's going on is the NRA has a suit waiting for SCOTUS. This order gives all NRA members relief until SCOTUS can rule. So until that happens, all NRA members -- even ones who didn't yet own a brace, or who joined after the court's injunction -- are immune from ATF persecution for pistol braces.

19 posted on 04/02/2024 8:42:25 AM PDT by Paal Gulli
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To: Red Badger
"AND THE BASIS FOR THIS ‘ORDER’ IS?......................"

Threat at the very least of losing their SOT3 and their FFL and having their store shuttered, and at worst of being being sent to prison.

20 posted on 04/02/2024 8:45:50 AM PDT by Paal Gulli
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