Federal judge rules Biden administration’s ban on pistol braces likely violates Second Amendment

Fox News via ns ^ | 12 oct 2023 | Kendall Tietz

[rellimpank]

A federal judge in Texas declared the Biden administration's attempt at banning pistol braces is likely unlawful last week.

The lawsuit, brought by the Wisconsin Institute for Law & Liberty (WILL) on behalf of members of the National Association for Gun Rights Inc. and Texas Gun Rights, Inc., argued the rule put forth by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), that would require 40 million U.S. gun owners to place their name on a gun registry and pay a tax, is unconstitutional.

If gun owners didn't register and pay the tax, they could face up to 10 years in jail and a potential $10,000 fine under the ATF rule. In addition, the rule redefined pistols with stabilizing arm braces that are often attached to handguns to make it easier for users to aim and fire with one hand, particularly disabled veterans, as "short barrel rifles."

The ATF "inexplicably and fundamentally switched its position on stabilizing braces without providing sufficient explanations and notice," the opinion read.

"Short barrel rifles" require a federal license to own under the National Firearms Act (NFA). The ATF estimated about 99% of pistols with stabilizing braces would be reclassified as NFA rifles under the final rule, the opinion stated.

[rellimpank]

--another step --

[fruser1]

They could also say it conflicts with the Americans with Disabilities Act.

[gundog]

Ouch! Alinsky rules.....

[central_va]

I fired a SBR (8” bbl) AR15 once. My ears are still ringing.

[absalom01]

We’ve been seeing some good rulings at the district court level recently.

Let’s see what the 5th circuit does with this one, as the DOJ is sure to appeal, if they haven’t already.

[Governor Dinwiddie]

The statistics say that 0.000000000001 percent of gun crimes are commited using pistol braces.

The statistics say that close to 100% of gun crimes are commited by *******.

[CatOwner]

I was going to say, where’s that Hawaiian Federal judge when you need one! /s

[uranium penguin]

SBR and AOW.

Just need to be completely removed from NFA. just recalssify as handguns.

A luger/ 1911/ Broomhandle with a shoulder stock/ holster. A 13” bbl 45lc lever action?

Or, maybe redefine what a firearm is depending on caliber.

[faithhopecharity]

of course it violates our citizens’ rights
it is also one of the stupidest “laws” in recent times

[Myrddin]

It's also an "Ex post facto" "law". Making something into a criminal offense that was perfectly legal in the past is precisely an ex post facto law. The government tries to skirt that limitation by offering an "amnesty" before the "violation" is prosecuted. The best solution is to defund and dissolve the ATF and any laws related to it.

[Eagles6]

Is this the Judge O’Connor ruling or a different one.

[Myrddin]

I fired a SBR (8” bbl) AR15 once. My ears are still ringing.

I have no attraction to 8" .223 AR pistols. Just plain loud, unwieldy and difficult to aim. I built a Form 1 AR SBR with a 300BLK 10.5" barrel. It's the ideal length for that caliber and still OK with a suppressor. I did the SBR precisely because I wanted a good stock on it. I never purchased anything that fell under the attempted new ruling.

[Myrddin]

Suppressors need to be removed from NFA as well. It's hearing protection and by itself an inert object.

[uranium penguin]

There are a ton of guns that are great as SBR types and very practical/ useful (and fun).
meaning >16”bbl W/ A shoulder thing that goes up..

AR’s
Pistol caliber Lever guns
22 (esp bolt and slide action) esp for kids to learn
Over/under fold up back pack guns (generally 22/410 or20g)

[jackibutterfly]

Since when does the ATF make laws?? And, how it that even enforceable?