ATF Coming After Firearms with Stabilizing Braces

lazarus said:

The problem is there has to be some delegation. If Congress had to write laws without any regulatory authority laws would be necessity need to be thousands of pages long. And Congress aren’t remotely experts in any field they are writing laws about.

The issue isn’t regulation. The issue is the executive branch either exceeding the letter or intent of the law. Combined with judiciary deference to the executive branch (see Chevron defense). Should congress pass a law saying food and drugs have to be safe? Or do they need a hundred pages about how food and drugs need to be inspected? Because the later is going to end up worse if Congress has to write it, or it’ll never realistically happen.

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jet307 said:

The ATF now requires all firearms and braces be equipped with USCG approved PFD devices. lol

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TinCuda said:

The more I study this ATF pistol brace nonsense, the more I think that there is no way this can happen. Then I think back to 1994 and how stupid that whole ban was. Who do we have writing this stuff, children with crayons?

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pcfixer said:

Due process, or fairness, is one of the fundamental principles of United States democracy and the United States Constitution. Laws that violate your due process rights are thus considered to be unconstitutional. An ex post facto law is considered to be unconstitutional.

Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3 (with respect to federal laws) and Article 1, Section 10 (with respect to state laws).

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jet307 said:

The ATF now requires all firearms and braces be equipped with USCG approved PFD devices. lol

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TinCuda said:

The ATF is biting off more than they can chew. This new "definition" is completely unenforceable. The AFT claims that there are around three million pistol arm braces but the owner of SB Tactical said that his company has made far more than that himself. There are at lease three other business that are cranking them out full speed. The real estimate is north of forty million according to some sources. If that is true, that means that the ATF is deliberately lying about the numbers. With more than forty million pistol arm braces in the wild, plus the increasing trend of the Second Amendment sanctuary state movement, what are they thinking? This has got to fall under the Heller "common use" protection. All this will end up being is just another example of a leftist short-sighted failed policy.

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Kharn said:

Especially when Caetano said 200k stun guns triggered Heller protection, AFT might have made a huge strategic blunder and voided NFA SBRs entirely.

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lazarus said:

That would be an amazing result. But sadly I don’t see the courts deciding that in the end.

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TinCuda said:

….I see pistol arm braces on Glocks to be all the rage next year. They aren't long enough or heavy enough to even make the point system list.

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ed bernay said:

My guess is David Chipman and other authoritarian sociopaths in federal law enforcement who are "only ones" and want power over everyone. They can only get it when citizens are disarmed. Politicians and their staff aren't writing this nonsense. The majority of them are incompetent. This was my point earlier in this thread. They need to be exposed.

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TinCuda said:

I see pistol arm braces on Glocks to be all the rage next year. They aren't long enough or heavy enough to even make the point system list.

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rbird7282 said:

Hope he’s first in the stack at their first raid


Sent from my iPhone using Tapatalk

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TinCuda said:

The whole SBR part of the NFA has been a pain in the collective butts of the firearm community since 1934. It's based on a flawed premise of a concealable rifle. That's just not true. Have you tried to hide a ten inch barreled AR15 under your jacket? It ain't going to happen! Do you know what is a lot easier to hide? A handgun! I realize the left will be coming for them next.

I see pistol arm braces on Glocks to be all the rage next year. They aren't long enough or heavy enough to even make the point system list.

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KIBarrister said:

To be fair, I’m not aware of a major court challenge to the NFA since Heller and its progeny. That is relevant because even though the 2A is a fundamental right, it has historically been given a lower level of scrutiny than what is due. I don’t see how the NFA could survive strict scrutiny in front of any judge that actually knows the difference between their posterior and the ole’ hole in the ground.

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Kharn said:

It's the other way around:
64oz<your pistol and 12"<your pistol<26" otherwise it's not eligible for a brace.
If your pistol as configured is over 120oz, it's also not eligible to be a braced pistol. The ATF's proposed rule is exclusionary, everything is assumed to be a rifle or SBR, and you're trying to prove it falls into a very narrow braced pistol exception.

A 12"/64oz pistol (before brace) is gigantic. A Desert Eagle .50AE only meets the weight, it doesn't meet the length requirement. I'm not sure how many reciprocating slide pistols would be able to pass this arbitrary test, locking disabled shooters out of the market.

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