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Pistol Brace Rule Illegal and Likely Unconstitutional
AmmoLand ^ | August 4, 2023 | Dean Weingarten

Posted on 08/09/2023 4:54:57 AM PDT by marktwain

On August 1, 2023, a three-judge panel for the United States Court of Appeals for the Fifth Circuit issued an order which found the “Final Rule” of the ATF concerning pistol braces to be unlawful.  Part of the “Final Rule” claimed pistol braces, combined with legal pistols, made the combination “short barreled rifles” subject to the regulatory requirements of the National Firearms Act (NFA). This contradicted years of previous findings by the ATF. The three-judge panel sent the case back to the trial court for a ruling on a preliminary injunction and on what injunctive relief is called for. The case is Mock v Garland.

The three-judge panel decision was split. Two judges, Don R Willett and Jerry E Smith, were in the majority. Judge Stephen A Higginson dissented. The decision is one of several involving the controversial “Final Rule” of the Biden administration ATF. It may be the Biden Administration will ask the Fifth Circuit to hear the case en banc, or the Biden administration may appeal the decision to the Supreme Court. Of particular interest is the concurrence written by Judge Don Willett. Judge Willet went on record as opining the regulation/law which defines pistols with shoulder stocks as “short barreled rifles” may well be unconstitutional by itself, without the regulatory mismanagement of the ATF in this case. From the order of the Court, page 41:

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.

Rearward attachments, besides making a pistol less concealable,improve a pistol’s stability, and thus a user’s accuracy. Accuracy, in turn, promotes safety.


(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: 2a; atf; banglist; constitution; fifthcircuit
Shoulder stocks, to be added to pistols to make them more accurate, should not be placed in a highly regulated category. Shoulder stocked pistols are arms protected by the Second Amendment.
1 posted on 08/09/2023 4:54:57 AM PDT by marktwain
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To: marktwain
Shoulder stocked pistols are arms protected by the Second Amendment.

Repeal the NFA.

2 posted on 08/09/2023 5:03:15 AM PDT by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
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To: Yo-Yo
Repeal the NFA.

And the ATF as well.

3 posted on 08/09/2023 5:22:58 AM PDT by paulcissa (Politicians want you unarmed so they can control you.)
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To: marktwain

The NFA itself is unconstitutional. When enacted, it’s primary purpose was to make certain firearms prohibitively expensive through a confiscatory tax and onerous paperwork.


4 posted on 08/09/2023 5:30:40 AM PDT by Blood of Tyrants ( "It is easier to fool people than to convince them they have been fooled."- Mark Twain)
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To: marktwain

Xontinue to buy weapons and ammo, folks. Next focus is to declare the NFA of 1934 unconstitutional as well or just outright repeal it.


5 posted on 08/09/2023 5:50:43 AM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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To: marktwain

‘Part of the “Final Rule” claimed pistol braces, combined with legal pistols, made the combination “short barreled rifles”’

Since when are rifles illegal?


6 posted on 08/09/2023 5:54:51 AM PDT by antidemoncrat
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To: marktwain
short-barreled rifles are uniquely dangerous because they ‘combine the power of shoulder-mounted rifles with the concealability of handguns

So, THIS:

is as concealable as THIS?!


7 posted on 08/09/2023 5:59:17 AM PDT by Sicon ("All animals are equal, but some animals are more equal than others." - G. Orwell>)
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To: marktwain

Do you think the libs care about the constitution?
No, they don’t. We are past it. It is over.


8 posted on 08/09/2023 6:17:38 AM PDT by King_Corey (Nobody is going WEST anymore. )
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To: marktwain; 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.

9 posted on 08/09/2023 6:30:34 AM PDT by PROCON (Sic Semper Tyrannis)
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To: King_Corey

The ‘Fat Lady’ is warming up...
But


10 posted on 08/09/2023 6:41:29 AM PDT by Big Red Badger (The Truman Show)
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To: antidemoncrat

1934 NFA.


11 posted on 08/09/2023 6:41:45 AM PDT by Levy78 (Reject modernity, embrace tradition. )
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To: marktwain

A short barrel rifle is less accurate.
A pistol with shoulder stock is more accurate.
Neither fact is relevant to the second amendment.


12 posted on 08/09/2023 8:26:52 AM PDT by smokingfrog ( sleep with one eye open (<o> --- )
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To: marktwain

Yup. In other news, water is wet and bears have been known to make use of restroom facilities in heavily wooded areas.


13 posted on 08/09/2023 8:32:49 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: marktwain

So when can one run out and buy... a couple, maybe a few, like one should have done in 2016 or so if not sooner?


14 posted on 08/09/2023 10:01:30 AM PDT by OKSooner (Maybe Quix was right about some stuff. Pronouns=(XY, XYim, XY's))
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