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Fifth Circuit panel appears skeptical of ATF pistol brace rule
Bearing Arms ^ | 6/30/23 | Cam Edwards

Posted on 07/01/2023 4:49:19 AM PDT by CFW

This has been one of the busiest weeks in recent memory in terms of court hearings on Second Amendment issues. Not only did we have the Seventh Circuit’s oral arguments on a possible injunction against Illinois’ ban on so-called assault weapons and “large capacity” magazines and the Ninth Circuit’s hearing on California’s AB 2571, but another Ninth Circuit panel heard oral arguments in a challenge to the state’s ban on open carry on Thursday, and a three-judge panel on the Fifth Circuit also heard from both sides in a Thursday hearing to determine whether a temporary injunction halting enforcement of the ATF’s new rule on pistol braces should be left in place and possibly expanded to cover more than just the named plaintiffs in the case.

Advocates for the rule point to deadly mass shootings while arguing that the braces make concealable handguns more deadly. Opponents of the rule say the devices make handguns safer to use by making them more stable, comfortable to fire and accurate — an argument noted in questions from appellate panel judges Don Willett and Stephen Higginson at Thursday’s hearing.

“All that to me seems synonymous with safer. Do you disagree with that?” Willett asked administration attorney Sean Janda.

Janda argued that regulating the braces is consistent with longstanding federal law outlawing sawed-off shotguns or other short-barreled non-handgun-type firearms.

“That particular combination, Congress has determined, is dangerous,” Janda said.

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


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government
KEYWORDS: 2ndamendment; 5thcircuit; banglist; batf; horsepustols; pistolbraces
An update on pending litigation in regards to the pistol brace regulations.
1 posted on 07/01/2023 4:49:19 AM PDT by CFW
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To: CFW

Having an edge is always preferable if the unwanted occurs


2 posted on 07/01/2023 4:55:55 AM PDT by no-to-illegals ( The enemy has US surrounded. May God have mercy on them.)
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To: CFW

“Janda argued that regulating the braces is consistent with longstanding federal law outlawing sawed-off shotguns or other short-barreled non-handgun-type firearms.”

Are they suggesting the 1934 NFA is constitutional??


3 posted on 07/01/2023 4:59:23 AM PDT by NotWokeOrCommie
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To: CFW
Given that the Fifth Circuit has already granted a temporary injunction in this case, as well as the questions posed by the three-judge panel on Thursday, there’s a very good chance that not only will the panel make the injunction permanent, but will apply that decision to a broader group of Americans than just the named plaintiffs in the case.

I hope that’s the situation.

Notice the current approach taken by leftists to destroy the 2a. It is predicated on gun safety. Everything in there leftist pea brains is the opposite. Men can have babies. Guns can be safe.

No, guns are never safe. They are deadly. Weapons are intentionally designed to be deadly. People purchase guns for that exact reason. The so-called safety of weapons had no bearing on the 2a.

4 posted on 07/01/2023 5:13:25 AM PDT by ConservativeInPA (Delay Trump’s trial, delay. Elect Trump President. Trump pardons himself.)
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To: CFW

Not having any luck finding those pistol braces that “Big Guy Biden” told us about.

The ones that let my pistols shoot larger caliber bullets.....


5 posted on 07/01/2023 5:14:37 AM PDT by Iron Munro (Sun Tzu: "An evil man will burn his own nation to the ground to rule over the ashes." )
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To: CFW

Advocates for the rule point to deadly mass shootings while arguing that the braces make~ concealable handguns more deadly.
~~~~~~~~~~~

The legal purpose of firearms is to be deadly. An argument that some add-on makes them more deadly is an argument that the add-on makes them more legal.


6 posted on 07/01/2023 5:15:13 AM PDT by nagant (`)
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To: Iron Munro

“Not having any luck finding those pistol braces that “Big Guy Biden” told us about.

The ones that let my pistols shoot larger caliber bullets.....”


I too have been having trouble locating those particular firearm accessories. Maybe they are available only to the well-connected or those with the last name of “Biden”.


7 posted on 07/01/2023 5:17:26 AM PDT by CFW (old and retired)
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To: CFW

The problem is that ATF brace ban may be struck down as the ATF does not have the authority to make such rules, but it would take only a one-liner statement in any bill in Congress to include them in the NFA law with a future date required for registration.

I see it that the brace rule was dumb for the ATF to fool around with (yes, no, yes, no, maybe, could be, we don’t know, OK), but the end result is that anything with a shoulder stock and a short barrel was an SBR. Of course, the NFA needs to go away.


8 posted on 07/01/2023 5:19:38 AM PDT by CodeToad (No Arm up! They have!)
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To: nagant

The way to really put a stop to this is for the Supreme Court is to take in more cases involving Chevron Deference. Congress abdicated too much of its authority to the Executive. What you end up with is Biden’s pistol brace rule, President Trump’s bump stock rule, and on and on.


9 posted on 07/01/2023 5:19:49 AM PDT by Fury
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To: CFW

Thank you.


10 posted on 07/01/2023 5:44:17 AM PDT by bigfootbob (Arm Up and Live Free!)
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To: CFW

Advocates for the rule point to deadly mass shootings while arguing that the braces make concealable handguns more deadly.
~~~~~~~~

The deadliness of handguns is enhanced by the element of surprise. Adding a pistol brace makes a handgun less concealable and therefore less deadly.


11 posted on 07/01/2023 5:49:29 AM PDT by nagant (`)
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To: Iron Munro

“ Not having any luck finding those pistol braces that “Big Guy Biden” told us about.

The ones that let my pistols shoot larger caliber bullets.....”

Me either and I’ve looked high and low. I want a couple of those so much that I’m going to have my oldest great grandson help me search on the dark web today when he comes for a visit over the Independence Day holiday. If you find one for sale, call my cell phone and let me come to the party. My number is 867-5309!

12 posted on 07/01/2023 5:57:23 AM PDT by bigfootbob (Arm Up and Live Free!)
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To: CFW

When are these bastards in Congress going to start doing something about automobile violence? Why is it a felony for a drug addict to possess a firearm but alcoholics can possess all the automobiles they want?


13 posted on 07/01/2023 6:10:11 AM PDT by FlingWingFlyer (A man in NM is killed over a movie theater seat. The azhos in The Swamp think guns are the problem. )
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To: CFW

Hey hey hey, everyone knows that a pistol brace turns a .22 cal pistol into a .50 Gatlin gun


14 posted on 07/01/2023 6:31:50 AM PDT by Bob434
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To: Iron Munro

“ The ones that let my pistols shoot larger caliber bullets...”

Right there with the fully automatic clips and the thing that goes up.


15 posted on 07/01/2023 7:33:48 AM PDT by bk1000 (Banned from Breitbart)
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To: bigfootbob

> My number is 867-5309!

Wrote your number on the wall!


16 posted on 07/01/2023 9:47:57 AM PDT by no-s (Jabonera, urna, jurado, cartucho ... ya sabes cómo va...)
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To: CFW

Need to repeal the 1968 Gun Control Act.


17 posted on 07/01/2023 10:05:18 AM PDT by Aut Pax Aut Bellum (What did Socialists use before candles? Electricity)
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To: Iron Munro
The ones that let my pistols shoot larger caliber bullets.....

Be careful to ensure that you have the right upsize in pistol braces. If your pistol brace allows your .32 caliber pistol to fire .38 bullets or even .40 bullets then there are no surprises when shooting. But if you start with, say, a .38 bore and your pistol brace upgrades it to a .50 caliber you could have a nasty surprise, particularly if your brace has an option for auto fire.

Not to mention those monster upgrades to 20mm with full auto fire option. Those need to be banned completeley!

18 posted on 07/01/2023 10:15:59 AM PDT by 17th Miss Regt ( )
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