ATF Coming After Firearms with Stabilizing Braces

[adit]

 

[DaemonAssassin]

Fingers crossed for positive results from Dominic Bianchi et al. v. Brian E. Frosh et al. when the 4th Circuit stops dragging their feet and follows the direction of the Supreme Court to revisit the Assault Weapons Ban of 2013 and it's constitutionality.

My understanding is that the 29" requirement for rifles in MD came directly from the FSA of 2013 as the language therein defines rifles under 29" as copycat weapons based on their length. If FSA 2013 is deemed unconstitutional like it certainly should be based on the Bruen decision in NY, we'll be able to SBR guns less than 29" again in MD.

The 29" OAL is part of FSA2013.

 

[jcutonilli]

Fingers crossed for positive results from Dominic Bianchi et al. v. Brian E. Frosh et al. when the 4th Circuit stops dragging their feet and follows the direction of the Supreme Court to revisit the Assault Weapons Ban of 2013 and it's constitutionality.

My understanding is that the 29" requirement for rifles in MD came directly from the FSA of 2013 as the language therein defines rifles under 29" as copycat weapons based on their length. If FSA 2013 is deemed unconstitutional like it certainly should be based on the Bruen decision in NY, we'll be able to SBR guns less than 29" again in MD.

To be clear, Bianchi v Frosh is not challenging all of the FSA2013. They are only challenging the "assault weapon" ban. The FSA2013 included a 10 round mag limit and the HQL among other things. None of the other provisions are being challenged by Bianchi v Frosh and the Court will only rule on what is being challenged.

The 4CA is not dragging their feet. They set a briefing schedule the first business day after the mandate was issued. It is tentatively scheduled for oral argument in Dec. Bianchi's supplemental brief has been filed. MD has delayed their filing of their supplemental brief 30 days until about 12 Oct. It would seem to me that it is MD that is the problem and not the 4CA.

 

[Allen65]

To be clear, Bianchi v Frosh is not challenging all of the FSA2013. They are only challenging the "assault weapon" ban. The FSA2013 included a 10 round mag limit and the HQL among other things. None of the other provisions are being challenged by Bianchi v Frosh and the Court will only rule on what is being challenged.

The 4CA is not dragging their feet. They set a briefing schedule the first business day after the mandate was issued. It is tentatively scheduled for oral argument in Dec. Bianchi's supplemental brief has been filed. MD has delayed their filing of their supplemental brief 30 days until about 12 Oct. It would seem to me that it is MD that is the problem and not the 4CA.

The Court granted the extension for MD to file its briefs. That is the Court's responsibility, it didn't have to grant any extension or could have granted a shorter one. The Court could have at least demanded MD show cause for the extension.

And IIRC didn't 4CA bounce it back down to District level to gather new facts instead of redeciding it at CA level purely as a matter of law based on Bruen's new standard? That also stretches out the schedule.

 

[jcutonilli]

The Court granted the extension for MD to file its briefs. That is the Court's responsibility, it didn't have to grant any extension or could have granted a shorter one. The Court could have at demanded MD to show cause for the extension.

And IIRC didn't 4CA bounce it back down to District level to gather new facts instead of redeciding it at CA level purely as a matter of law based on Bruen's new standard? That also stretches out the schedule.

Based on how quickly they granted the extension, it would appear that it was unopposed. It becomes a becomes pretty much a formality at that point and it would be highly unusual for a Court to intervene.

The 9CA sent Young down to the District Court. They are still deciding Duncan, but I would guess they are going to send that back to the District Court. The 3CA sent ANJRPC down to the District Court.

This case is a little unusual because the precedent in the circuit is from an en banc court. We will know more once MD submits its brief.

 

[TinCuda]

The short summary of this video is the Second Amendment Foundation is set to challenge the ATF as soon as the pistol brace rule is released.
The AFT built their entire case based on the premise that pistols with arm braces installed make them an increased danger to the general public.
In the Post-Bruen legal environment, the only thing that matters is if the object in question is Constitutional. Highly subjective "public safety" has always been a tool of the autocrat. "It's for the children!" is the leftists' favorite sanctimonious battle cry.
.
My honest opinion (not legal advice) is that this whole pistol brace ban is just a big nothing-burger. The only thing that this tyrannical anti-gun biden regime is going to do is to solidify the legitimacy of braces (among other things) in legal precedent.
.

 

[lazybones]

Braced pistols are SBR with ugly stocks. It is funny that the people who complain about lawyers and the law get all technical when justifying shoulder-shooting pistol braces.

That upside is that the brace situation may be messy enough to go back and question restrictions on SBRs.

 

[TinCuda]

Braced pistols are SBR with ugly stocks. It is funny that the people who complain about lawyers and the law get all technical when justifying shoulder-shooting pistol braces.

That upside is that the brace situation may be messy enough to go back and question restrictions on SBRs.

The left knows their time is limited and they are doing all they can to push their twisted agenda. This is gradually blowing up in their face. Too much too fast. It's going against their "we're just compromising and only taking a small piece of your rights" playbook. Every single infringement that has happened little by little over the years is being reversed and is also building steam. I predict that the dramatic crescendo will be the complete reversal of every unconstitutional contravene up to and including the 1934 NFA. It might take some time, but we are certainly starting to move in the right direction.

 

[outrider58]

The left knows their time is limited and they are doing all they can to push their twisted agenda. This is gradually blowing up in their face. Too much too fast. It's going against their "we're just compromising and only taking a small piece of your rights" playbook. Every single infringement that has happened little by little over the years is being reversed and is also building steam. I predict that the dramatic crescendo will be the complete reversal of every unconstitutional contravene up to and including the 1934 NFA. It might take some time, but we are certainly starting to move in the right direction.

While I'll not go so far as that, recent SCOTUS rulings can not be ignored. Shots have been fired across their bows.

 

[TinCuda]

While I'll not go so far as that, recent SCOTUS rulings can not be ignored. Shots have been fired across their bows.

Tennessee pasted a law protecting SBRs, Texas passed a law protecting sound suppressors, and more than half the country have standing 2nd Amendment sanctuary protection of some sort. These things can and are getting done. We are in a position of public support. If you want to reverse the NFA, all we need is to just do it. The momentum is in our favor. Thinking that we can't repeal the NFA only supports the idea that repealing the NFA can't be done. No offense intended but, that's how a Fudd would think.

Look, I know that we all grew up with the NFA, it's all we know. I get it. Things will never change until people get it in their heads that change is possible.
... and it is becoming more and more possible.

 

[outrider58]

Tennessee pasted a law protecting SBRs, Texas passed a law protecting sound suppressors, and more than half the country have standing 2nd Amendment sanctuary protection of some sort. These things can and are getting done. We are in a position of public support. If you want to reverse the NFA, all we need is to just do it. The momentum is in our favor. Thinking that we can't repeal the NFA only supports the idea that repealing the NFA can't be done. No offense intended but, that's how a Fudd would think.

Look, I know that we all grew up with the NFA, it's all we know. I get it. Things will never change until people get it in their heads that change is possible.
... and it is becoming more and more possible.

We will see. I like to keep my powder dry. Don't ever call me a fud.

 

[smokey]

Braced pistols are SBR with ugly stocks. It is funny that the people who complain about lawyers and the law get all technical when justifying shoulder-shooting pistol braces.

That upside is that the brace situation may be messy enough to go back and question restrictions on SBRs.

There's a couple options:
1) braced handguns are handguns- cool, they're currently legal to treat exactly like any other handgun and there are tens of millions in circulation

2) braced handguns are actually SBRs- cool, then that means there are tens of millions of SBRs currently in common use, so now all infringements against SBRs are clearly unconstitutional.

3rd option) SC punts and decides not to hear anything brace related. The public has a duty to not comply with the tyrannical laws banning braced guns. The ATF can't kick in all of our doors and they may not want to force the issue in courts anyway.

 

[slsc98]

… just a big nothing-burger. …

^That^ is what I’m rather confident history will eventually reflect the entire Biden existence, let alone any accidental White House residency, to be synonymous with.

 

[Slackdaddy]

We will see. I like to keep my powder dry. Don't ever call me a fud.

My 1st guns were a Mossberg 500 (field and deer combo) and a Ruger GP100

 

[TinCuda]

We will see. I like to keep my powder dry. Don't ever call me a fud.

Between the widespread and general mistrust of the government, complicit mainstream media, defund the police movement, hate groups like antifa and blm becoming unchecked and unchallenged, crime rates in liberal controlled spheres skyrocketing, record setting crazy inflation and a tyrannical regime waving a scepter from behind guarded walls, spending money like drunken sailors, giving orders like they're kings and giving criminals an open door policy to do anything they like.

People by the millions have gone to the store out of fear and discovered what it is like to try to buy a firearm. "What do you mean I can't buy that in my state" "What? I have to wait to buy that? I need it now." With just a small amount of effort, folks are finding out that the politicians have been lying to them. This is the greatest chance we have had in years to take back what the founding fathers gave us.

Oh, and read it again. I did not call you a Fudd.

 

[outrider58]

Between the widespread and general mistrust of the government, complicit mainstream media, defund the police movement, hate groups like antifa and blm becoming unchecked and unchallenged, crime rates in liberal controlled spheres skyrocketing, record setting crazy inflation and a tyrannical regime waving a scepter from behind guarded walls, spending money like drunken sailors, giving orders like they're kings and giving criminals and open door policy to do anything they like.

People by the millions have gone to the store out of fear and discovered what it is like to try to buy a firearm. "What do you mean I can't buy that in my state" "What? I have to wait to buy that? I need it now." With just a small amount of effort, folks are finding out that the politicians have been lying to them. This is the greatest chance we have had in years to take back what the founding fathers gave us.

Oh, and read it again. I did not call you a Fudd.

I know you didn't, but the insinuation was there. Just to be compared to a fun was enough.

 

[HaveBlue]

I bet you are fun. Deep down, I mean.

 

[Doctor_M]

We will see. I like to keep my powder dry. Don't ever call me a fud.

I know Fudds... and you sir, are no Fudd.

 

[Doctor_M]

My 1st guns were a Mossberg 500 (field and deer combo) and a Ruger GP100

I killed my first deer with an AK.

 

[Bountied]

I killed my first deer with an AK.

I killed my first deer with a car! Just kidding it was a knife, the deer was only half dead after it totaled my car.