Posted on 01/15/2023 11:49:19 AM PST by Rusty0604
Washington, D.C. – Today, in their latest assault on the Second Amendment rights of gun owners, the Biden ATF issued their final rule to reclassify millions of commonly-owned pistol braced firearms as illegal short-barreled rifles and shotguns under the antiquated and draconian National Firearms Act of 1934. President Biden’s executive action will force gun owners to register guns with the federal government and will infringe on the Second Amendment. The rule has faced significant opposition within the firearms industry and Second Amendment community, as the independent Congressional Research Service estimates that up to 40 million of these braces are currently in civilian circulation.
(Excerpt) Read more at gunowners.org ...
Is anybody taking this to court?
If they were not legal under law why did the ATF allow them in the first place?
I have been considering the CMMG Banshee for quite a while, but figured this was coming and was holding off.
Glad I did, but I really wanted a suppressed Banshee in .45 ACP.
To increase arrests and court fee revenues knowing this would eventually come down.
I’ve no opinion on pistol braces one way or another.
But I’ll say this much. If they can throw yer ass in prison for it, it ain’t a “Rule”.
Legislators legislate and make law. Sometimes they are good laws and sometimes they are bad laws, but at least they have some sort of legitimacy, as far as that goes. The way all these unelected folks can upend everything according to which way the wind blows is nuts.
Either pass legislation or forget about it.
It’s a new rule or definition.
On January 13, 2023, the Attorney General signed ATF final rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” amending ATF’s regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder.
The rule outlines the factors ATF would consider when evaluating firearms equipped with a purported “stabilizing brace” (or other rearward attachment) to determine whether these weapons would be considered a “rifle” or “short-barreled rifle” under the Gun Control Act of 1968, or a “rifle” or “firearm” subject to regulation under the National Firearms Act. The rule’s amended definition of “rifle” clarifies that the term “designed, redesigned, made or remade, and intended to be fired from the shoulder” includes a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a “stabilizing brace”) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder.
https://www.atf.gov/rules-and-regulations/factoring-criteria-firearms-attached-stabilizing-braces
No Sniffer voter will be tried.
This is precisely why I’m a GOA member. They will fight to the death against any and all gun control.
Instead, we got a bumpstock ban.
I agree.
The EPA and other agencies do the same thing, imprison or punish people for their made up rules.
Congress should not be allowed to delegate interpretation ans rule making to bureaucrats. Make their laws specific.
“What is an ex post facto law and why is it forbidden in the Constitution?
Laws that reach back in time and make conduct punishable in a way it was not punishable for when it was done are ex post facto laws. Such a law (1) applies to events occurring before its enactment and (2) disadvantages the person affected by it.”
Ha Ha, Look at me. Pretending that the Constitution actually means anything anymore.
Ayn Rand got another thing right in Atlas Shrugged:
"Did you really think that we want those laws to be observed?" said Dr. Ferris. "We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against, then you'll know that this is not the age for beautiful gestures.
We are after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it.
There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.
Who wants a nation of law-abiding citizens? What's there in that for anyone?
But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted,and you create a nation of lawbreakers, and then you cash in.
Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."
Thanks for the post.
If challenged, this rule should go down based on the recent US appeals court decision that shot down Trump’s attempted ban on bump stocks, by ruling that changes to firearm prohibitions should only come from Congress, not Executive branch fiat.
The power to make law in the United States belongs to Congress; lawmakers who are elected and are representatives of the people who voted them into office. That’s the thought at the heart of the recent court decision by the 5th Circuit Court of Appeals that overturned the federal ban on bump stocks
“Many commentators argue that non-mechanical bump stocks contribute to firearm deaths and that the Final Rule is good public policy. We express no opinion on those arguments because it is not our job to determine our nation’s public policy. That solemn responsibility lies with the Congress,” the opinion reads.
You are quite welcome. Thank you for starting the thread. I was hoping someone would start one, Thought about starting one myself, but too lazy.
Bumpstock ban has been overruled. They are now legal.
Published January 7, 2023
In a 13-3 decision, the 5th Circuit Court of Appeals in New Orleans held that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), acting under “tremendous” public pressure, short-circuited the legislative process by approving a rule to define bump stocks as “machineguns,” which are heavily restricted. The court said ATF did not have the authority from Congress to do so.
Seems like Lugers and High Powers with detachable stocks fell under this situation, back in the day.
They were classified as ‘stocks’, not as braces, however.
Comment?
The GOA should take the whole 1934 NFA to court because the 16” minimum barrel length for rifles and 18” for shotguns is capricious and arbitrary. And the whole thing about suppressors is plain stupid.
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