Well Now Look At What the ATF Dumped On A Friday

[1srelluc]

The ATF has finally published their "ruling" on pistol braces. Let us not forget that the ATF lacks law-making authority, yet is somehow able to get away with effectively creating laws that can result in fines and imprisonment of citizens.

The ATF's own summary is a bit confusing as it sounds like nothing has changed.

"This rule does not affect “stabilizing braces” that are objectively designed and intended as a “stabilizing brace” for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock. However, if the firearm with the “stabilizing brace” is a short-barreled rifle, it needs to be registered within 120-days from the date of publication in the Federal Register."

More here:

2023 ATF Pistol Brace Ruling

Meh, just wait a couple of years till SCOTUS slaps the ATF's dick.

 

[Moonglow]

It's called administrative law-

1. the body of law that regulates the operation and procedures of government agencies.

Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making, adjudication, or the enforcement of laws. Administrative law is considered a branch of public law

 

[Ringel05]

The ATF has finally published their "ruling" on pistol braces. Let us not forget that the ATF lacks law-making authority, yet is somehow able to get away with effectively creating laws that can result in fines and imprisonment of citizens.

The ATF's own summary is a bit confusing as it sounds like nothing has changed.

"This rule does not affect “stabilizing braces” that are objectively designed and intended as a “stabilizing brace” for use by individuals with disabilities, and not for shouldering the weapon as a rifle. Such stabilizing braces are designed to conform to the arm and not as a buttstock. However, if the firearm with the “stabilizing brace” is a short-barreled rifle, it needs to be registered within 120-days from the date of publication in the Federal Register."

More here:

2023 ATF Pistol Brace Ruling

Meh, just wait a couple of years till SCOTUS slaps the ATF's dick.

This is what the ATF is doing, I do not personally approve of what appears to be a law enforcement agency creating law but that's for the courts to decide.
It's a 300 page document and while I'm not all that fond of the ATF the reason it's that long is the ATF goes into quite uncharacteristic detail about what is and what isn't a true stabilizing brace. Of course they now say regardless of whether or not it is an approved stabilizing brace it has to be registered as a SBR or the brace removed and disposed of in such a way it cannot be reattached or a 16" upper be attached and the short barrel be removed and destroyed.
The $200 tax stamp is waived for 120 days as long as it is a current weapon addressed in this new ruling.
Let the law suits fly.

 

[Ringel05]

It's called administrative law-

1. the body of law that regulates the operation and procedures of government agencies.

Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making, adjudication, or the enforcement of laws. Administrative law is considered a branch of public law

That's shaky at best in this specific incidence. I'm sure that will be Biden's DOJ and ATF's argument in court where as the plaintiff's argument will hinge on constitutional authority in the realm of law creation/reinterpretation. So we'll have to see what the courts do.

 

[Moonglow]

That's shaky at best in this specific incidence. I'm sure that will be Biden's DOJ and ATF's argument in court where as the plaintiff's argument will hinge on constitutional authority in the realm of law creation/reinterpretation. So we'll have to see what the courts do.

True, yet Congress gave these laws to administrative agencies to fast-track rules for operations.

 

[Ringel05]

True, yet Congress gave these laws to administrative agencies to fast-track rules for operations.

Yes that's true but the courts may not see it that way in this specific situation. We'll have to wait and see.

 

[Moonglow]

Yes that's true but the courts may not see it that way in this specific situation. We'll have to wait and see.

I normally circumvent those guys and just get what I want.

 

[Ringel05]

I have three AR pistols none of which have braces so I'm good to go.

 

[Ringel05]

Of course this rule was signed on a Friday the 13th..............

 

[lg325]

Just wonder how it wil affect those with handicaps?

 

[Missourian]

I don't think we'll know anything until "surface area to be shouldered" is defined.

You can't have much less surface area than a blade style brace and still have something that is useful as a brace.

 

[Missourian]

I have three AR pistols none of which have braces so I'm good to go.

That's what I'm saying.

If you have one I certainly don't see a need to destroy it.

Remove it and add a standard buffer tube.

If the ATF is saying the brace is actually a stock...put it on an AR rifle and you're golden.

 

[Ringel05]

That's what I'm saying.

If you have one I certainly don't see a need to destroy it.

Remove it and add a standard buffer tube.

If the ATF is saying the brace is actually a stock...put it on an AR rifle and you're golden.

Actually if you replace an AR pistol tube with a carbine or rifle tube it then becomes a SBR.........

 

[Ringel05]

Just wonder how it wil affect those with handicaps?

If I read the rule correctly it must be registered as a SBR. In this specific situation everyone has 120 days from the publishing of the rule to apply for an existing SBR without having to pay the tax stamp. After the 120 days it becomes an illegal firearm subject to a 10,000 fine and or 10 years in jail if the brace or weapon is not destroyed.

 

[1srelluc]

LOL....Looking around the various gun boards the most common comment was "Meh" or variations thereof.

In other words a collective "The ATF can pound sand" response.

 

[JGalt]

Fuck the BATFE and fuck unelected bureaucrats who think they can just make up their own laws on a whim.

 

[Ringel05]

LOL....Looking around the various gun boards the most common comment was "Meh" or variations thereof.

In other words a collective "The ATF can pound sand" response.

Yup, quite a few people are taking that route. I don't want to be the test case in a criminal court.

 

[1srelluc]

Yup, quite a few people are taking that route. I don't want to be the test case in a criminal court.

Each man must choose his own path.

 

[Missourian]

Actually if you replace an AR pistol tube with a carbine or rifle tube it then becomes a SBR.........

Not exactly what I meant...but it might produce the same problem.

Most brace buffer tubes are proprietary...the brace requires the proprietary buffer tube to attach... so the tube goes with the brace and you need a new pistol length tube.

How it may be a problem is...can you put a pistol length buffer tube on a rifle? ... Since a rifle is defined by barrel length and overall length, I imagine the answer is yes.

But I can't definately say for sure.

 

[1srelluc]

Not exactly what I meant...but it might produce the same problem.

Most brace buffer tubes are proprietary...the brace requires the proprietary buffer tube to attach... so the tube goes with the brace and you need a new pistol length tube.

How it may be a problem is...can you put a pistol length buffer tube on a rifle? ... Since a rifle is defined by barrel length and overall length, I imagine the answer is yes.

But I can't definately say for sure.

Sounds like you need to write the ATF a letter.