Search found 22 matches

by Rafe
Mon Jul 03, 2023 6:24 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 80102

Re: ATF Released New Proposed Pistol Brace Rules

From the NRA-ILA about an hour ago:

BREAKING NEWS: NRA Slaps Biden Admin With Lawsuit Over 'Unlawful' Pistol Brace Rule
In a lawsuit filed Monday, the NRA aims to expose "the failings of the new rule – which subjects law-abiding gun owners to penalties, fines, and potential prison sentences for the use of an otherwise legal plastic apparatus on some firearms."

"The NRA has ramped up its offense on this arbitrary and unconstitutional rule," NRA Executive Vice President & CEO Wayne LaPierre said. "We are confident in our ability to confront the ATF and DOJ – and preserve freedom for NRA members."

The NRA previously submitted comments in opposition to the rule, filed a motion to intervene in another legal action and supported a lawsuit by several state attorneys general filed in North Dakota.

Read more from Fox News at https://www.foxnews.com/politics/nra-sl ... brace-rule.
by Rafe
Fri Jun 23, 2023 11:04 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 80102

Pistol Brace Rules Repeal Fails in the Senate

In a vote of 50-49, split along party lines, the Senate failed to block Biden's ATF overreach under the Congressional Review Act. The pistol brace rules stand and millions of law-abiding Americans are now felons.

I'd love to find a transcript or recording of the floor debate because everyone's favorite senator, Democratic Majority Leader Chuckles Schumer, evidently flat-out claimed that the braces converted AR pistols into fully-automatic weapons. But from RollCall.com:
Senate Majority Leader Charles E. Schumer of New York scolded Republicans for supporting the joint resolution, saying the pistol brace accessory modifies an AK-style pistol so it functions like a short-barreled rifle. Assailants in mass shootings have been aided by a pistol brace, he said.

“Today's Republican push to ease access to deadly pistol braces is an insult to countless families who have lost loved ones because of these enhanced weapons,” Schumer said in a floor speech. “This proposal is a shameful, shameful step backward in America's fight against gun violence.”

Schumer said it is “utterly confounding” that Republicans would support the measure and said Americans are tired of “hard-right politicians” working to take the nation backward in the fight against gun violence.
In truth, though, as I understand things, even if it had passed the Senate it was still open to a Biden veto...which he would have done instantly. So the only way this gets resolved is as a 2A case by the courts.

Here's a press release from Senator John Kennedy (R-La.).
Today, Senate Democrats protected the Biden administration’s misguided rule, which turns law-abiding gunowners in Louisiana and across the nation into criminals in the blink of an eye. Big Brother is demanding that responsible gunowners with pistol braces register their firearms, destroy the firearms, surrender their firearms to the ATF or effectively destroy their braces. President Biden’s assault on the Second Amendment isn’t going to stop.
Press release from Gun Owners of America: https://www.gunowners.org/goa-reacts-to ... race-rule/.

I expect we'll see the NRA-ILA's statement later today or tomorrow.
by Rafe
Mon Jun 12, 2023 2:56 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 80102

Re: ATF Released New Proposed Pistol Brace Rules

Another notification this morning, this one from Dianna Greenwood, the Texas State Rifle Association Political Committee. Some of the wording is much the same as was the NRA-ILA's from June 8...so I don't know if the vote is expected this week or next week. :headscratch

For reference, here's the link to H.J.Res.44 at congress.gov: https://www.congress.gov/bill/118th-con ... olution/44
Take Action - Urge Congress to Overturn ATF’s Brace Rule

TSRAPAC is a state oriented political action committee which focuses on state issues however, the ATF rule regarding the pistol brace warrants us to inform our readers of what is happening in Washington, DC next week.

The U.S. House is expected to hold a vote next week on H.J.Res.44, legislation that would overturn the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) pistol brace rule. H.J.Res.44, sponsored by Rep. Andrew Clyde (R-GA) and Rep. Richard Hudson (R-NC), is a disapproval resolution under the Congressional Review Act (CRA) that would invalidate ATF’s brace rule and block the agency from reissuing the same rule in the future. The U.S. Senate may consider companion legislation sponsored by Senator John Kennedy (R-LA) shortly thereafter. Please contact your federal legislators today and encourage them to vote “YES” on the disapproval resolution.

ATF’s unlawful rule on stabilizing braces would subject virtually all firearms with attached stabilizing braces to the registration requirements of the National Firearms Act (NFA) – the deadline to register these previously-acquired firearms was Wednesday, May 31, 2023.

Beginning in 2012, when President Biden was serving as then-President Barack Obama’s vice president, the ATF had recognized that stabilizing braces serve a legitimate function, and the inclusion of a stabilizing brace on a pistol or other firearm does not automatically subject that firearm to the provisions of the NFA.
But now, President Biden’s ATF has reversed over a decade of agency guidance and rulings that the firearms industry and law-abiding American gun owners have relied on when designing or acquiring firearms. Stabilizing braces were designed to enable gun owners to operate certain firearms with one hand with more stability. The ATF’s new rule says, essentially, that using a stabilizing brace with a pistol turns the firearm into a short-barreled rifle and must now be regulated by the NFA — and now the millions of Americans who own a pistol and a stabilizing brace, regardless of style, caliber, or type of brace, must either dispose of, alter, or register their firearms. If they don’t comply, they will become felons and face 10 years in prison and large fines.

Again, please take action today by contacting your U.S. Representative and U.S. Senators, and encourage them to vote “YES” on the disapproval resolution to overturn ATF’s arbitrary rule.
by Rafe
Thu Jun 08, 2023 3:41 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 80102

Re: ATF Released New Proposed Pistol Brace Rules

Action Alert from the NRA-ILA:

Take Action - Urge Congress to Overturn ATF’s Brace Rule
The U.S. House is expected to hold a vote next week on H.J.Res.44, legislation that would overturn the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) pistol brace rule. H.J.Res.44, sponsored by Rep. Andrew Clyde (R-GA) and Rep. Richard Hudson (R-NC), is a disapproval resolution under the Congressional Review Act (CRA) that would invalidate ATF’s brace rule and block the agency from reissuing the same rule in the future. The U.S. Senate may consider companion legislation sponsored by Senator John Kennedy (R-LA) shortly thereafter. Please contact your federal legislators today and encourage them to vote “YES” on the disapproval resolution.

Please contact your U.S. Representative and U.S. Senators TODAY and ask them to vote "YES" on the Disapproval Resolution to block the pistol brace rule.
Link to NRA-ILA campaign page: https://act.nraila.org/campaign/48487/
by Rafe
Sun Jun 04, 2023 12:31 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 80102

Re: ATF Released New Proposed Pistol Brace Rules

The Annoyed Man wrote: Sun Jun 04, 2023 10:05 am The rate of noncompliance is very encouraging: https://thereload.com/atf-says-a-quarte ... race-rule/
The ATF told The Reload on Friday it has received just over a quarter million applications to register pistol-brace-equipped firearms.

<——SNIP——>

That puts the registration rate for pistol-brace-equipped guns at between 0.6 percent and eight percent.
If we could ever actually know the numbers--which we can't--we should have an over/under pool. My guess is that the real number is less than 1.5%.

I also wonder, A) How many pistol brace owners never even learned about the new ruling and deadline? I mean, I never saw it on the mainstream media anywhere except two brief instances on Fox News. If there are, realistically, 20 million out there, ya gotta think that only a minority would be actively engaged on a gun forum or following YouTubers who delved into this. And, B) I wonder how many people simply removed the brace and put it someplace--temporarily--where it isn't likely to run afoul of any "inchoate crime," "constructive intent" stuff? And they did so with the guess that this rule will be overturned eventually and the brace can just go back on the pistol later.

In the end, the only thing this ATF overreach is going to do is spend taxpayers' money, cause significant time and cost to make its way through the courts, and create a much smaller addition to their firearm owner registry than they thought it would.
by Rafe
Fri Jun 02, 2023 3:59 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 80102

Re: ATF Released New Proposed Pistol Brace Rules

powerboatr wrote: Fri Jun 02, 2023 10:47 am
Rafe wrote: Thu Jun 01, 2023 11:35 am TL;DR: We're likely to win this battle...eventually. But the new rule went into effect at 00:00 today and even if you're an FPC member in Texas whose membership was active prior to their filing the injunction, don't take your pistol-with-brace combo to the range because you very well still might be arrested and have to defend your position.

From what I've seen so far, all plaintiffs who have filed, including GOA, are wanting the best possible chance at receiving an injunction for relief so they've kept the scope of the filings very narrow. But it's eventually going to take a case that addresses all owners of pistol braces who, for a decade, had been assured by the ATF that they were legal. And that might mean it will have to go to SCOTUS...and if so, we may not get this 2nd Amendment overreach overturned until 2025.
this made me wonder...does law enforcement frequent your local range to SEE what people have???
our range has one day a month for local police to practice and "STUFF" and range is closed during those 4 hrs, you can watch...just no firing line setup or shooting

other than that LEO are never there. but in some cities i guess it would be an easy picking day for leos :rules:
I agree about the "Range Karens." And, quite honestly, I wouldn't be particularly concerned about the local, county, and even many of the Texas State LEOs jumping at the opportunity to demand NFA paperwork from somebody with an AR pistol...at least, not if they aren't shouldering it and peppering targets using a foregrip and other such add-ons. I wouldn't bet a felony arrest on it, though.

But in answer to LEOs frequenting the ranges I go to, yes; absolutely. You don't always know they're law enforcement because typically they're there shooting/training independently, not under the auspices of their department or precinct. The ranges do periodically have times blocked off for that purpose. But I gotta tell ya, it's the LEOs I've met over the years who actively practice on their own and do stuff like shoot IDPA/USPSA that I want showing up to an active scene. In most cases--and I don't want to over-generalize--I've seen a cavernous difference between LEOs who seriously train independently and the ones who simply want to get through the mandatory qualifying for the year.

But thinking back to one of the ranges, the now-closed Hot Wells Shooting Range (the property was officially listed for sale last February), they had a separate (short) range near the entrance for LEOs. I was allowed to shoot there since I'd passed several quals with the range instructors. But because it was a drop-in-anytime small range area dedicated to LEOs, I met folks ranging from uniformed county deputies to plain-clothes DEA and ATF. If I had an AR pistol with a brace on it, I wouldn't be pulling it out regardless...but certainly not if I had any inkling that some of LEOs might be federal.
by Rafe
Thu Jun 01, 2023 11:35 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 80102

Re: ATF Released New Proposed Pistol Brace Rules

Paladin wrote: Thu Jun 01, 2023 8:48 am Updates on the legal battle:
TL;DR: We're likely to win this battle...eventually. But the new rule went into effect at 00:00 today and even if you're an FPC member in Texas whose membership was active prior to their filing the injunction, don't take your pistol-with-brace combo to the range because you very well still might be arrested and have to defend your position.

From what I've seen so far, all plaintiffs who have filed, including GOA, are wanting the best possible chance at receiving an injunction for relief so they've kept the scope of the filings very narrow. But it's eventually going to take a case that addresses all owners of pistol braces who, for a decade, had been assured by the ATF that they were legal. And that might mean it will have to go to SCOTUS...and if so, we may not get this 2nd Amendment overreach overturned until 2025.
by Rafe
Fri May 26, 2023 9:20 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 80102

Re: ATF Released New Proposed Pistol Brace Rules

Five days and counting until the enforcement date.

Lot of conversation recently about the rules regarding constructive possession. And it helps not at all that BATFE director Dettelbach stated under oath to congress on April 26 that removing the brace from a pistol was enough, that the brace did not have to be rendered unusable (i.e., destroyed). Then on May 22 or 23 the BATFE sends a reminder/primer to FFLs that pretty much contradicts Dettelbach's testimony.

Two videos below. The first is from the 23rd and includes actual video of Dettelbach's testimony plus the communication to FFLs. The second, from the 24th, is from "the Armed Attorneys" diving into the constructive possession issue.



by Rafe
Tue May 23, 2023 3:51 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 80102

Re: ATF Released New Proposed Pistol Brace Rules

Paladin wrote: Tue May 23, 2023 2:47 pm I'll let any lawyers chime in, but my understanding is that the "as to plaintiffs" part means it rules in favor of the plaintiffs, not just "for the plaintiff". Therefore Texas and the rest of the area covered by the 5th Circuit has injunction relief.
Fingers crossed. The implementation deadline is barely a week away. And my friend still hasn't figured out how to get the pistol brace off his without cutting off the buffer tube. He tried the application of heat to try to loosen the brace so it would come off, but no go. Looks like the manufacturer glued the thing on there with something stronger than a semi-removable Loktite.
by Rafe
Thu Mar 16, 2023 9:30 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 80102

Re: ATF Released New Proposed Pistol Brace Rules

Got this in an NRA update email this morning, but the article is from March 10:

Congressmen Demand Answers From the ATF
https://www.americas1stfreedom.org/cont ... m-the-atf/

In part:
In light of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recent ventures into making laws instead of just enforcing them, two U.S. Congressmen are calling on ATF Director Steve Dettelbach to answer some questions in front of a committee in the U.S. House of Representatives.

Reps. Jim Jordan (R-Ohio) and Thomas Massie (R-Ky.) are pulling no punches in demanding that Dettelbach and three other ATF officials appear before the House Judiciary Committee, which Jordan chairs. Massie is chairman of the Subcommittee on the Administrative State, Regulatory Reform and Antitrust.

According to the letter to Dettelbach, the congressmen have written to the ATF with multiple requests for information on the agency’s rulemaking process, yet agency officials have not answered Jordan’s inquiries since the ATF recently redefined braced pistols as short-barreled rifles (SBRs) under the National Firearms Act (NFA).

“The ATF’s lack of transparency comes after the agency issued a final rule banning stabilizing pistol braces, and as the agency continues to shut down lawful businesses through the ‘zero-tolerance’ policy for federal firearms dealers (FFLs),” the letter states. “Just last year, the United States Supreme Court held in West Virginia v. Environmental Protection Agency that under the major questions doctrine, ‘given both separation of powers principles and a practical understanding of legislative intent, the agency must point to ‘clear congressional authorization’ for the authority it claims. This ruling raises serious doubts about ATF’s ability to regulate pistol braces absent a clear mandate from Congress.”

The letter invites Dettelbach to testify before the U.S. House Judiciary Committee on April 26....
For those here who are keeping track--and for the other 20 million Americans affected--the quickly approaching deadline under the ATF's pistol brace "law" to either register or dismantle is May 31. May 31 will be 120 days from the day the order was published in the Federal Register: https://www.govinfo.gov/content/pkg/FR- ... -01001.pdf.
by Rafe
Fri Feb 10, 2023 3:16 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 80102

Re: ATF Released New Proposed Pistol Brace Rules

Grayling813 wrote: Thu Feb 09, 2023 8:38 pm GOA AND TEXAS AG PAXTON FILE SUIT AGAINST ATF PISTOL BRACE RULE
https://www.gunowners.org/goa-and-texas ... race-rule/
Washington, D.C. – Today, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) jointly filed a lawsuit challenging the Biden Pistol Brace Ban with Texas Attorney General Ken Paxton. The suit was filed in U.S. District Court for the Southern District of Texas.
Thanks. I was wondering where Texas was on that list of 25 states from your previous post.
by Rafe
Tue Jan 31, 2023 1:56 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 80102

Re: ATF Released New Proposed Pistol Brace Rules

Boxerrider wrote: Tue Jan 31, 2023 1:40 pm Locktite usually responds to heat.
There's a thought. Thanks. My friend tried a handheld hair dryer, but didn't give it much heating time. I'll tell him to give that another go when he's ready...if the ATF rule is still there in three months. It's a SIG rubber pistol brace, so a torch is out. Hope the manufacturer didn't use Loctite 263 on it...or their Super Glue Professional product. :???:
by Rafe
Tue Jan 31, 2023 1:08 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 80102

Re: ATF Released New Proposed Pistol Brace Rules

Well, you know that I can't even spell "lawyer," so my comment is worth less than the packet of Splenda in your morning coffee. But it was that 1992 case that sure seemed to others to point out, pretty clearly, a precedent that a short-barreled rifle "actually must be assembled" in order to be "made" within the NFA's meaning. https://supreme.justia.com/cases/federal/us/504/505/

If Congress doesn't halt this thing in its tracks, I imagine my friend will go the same route: remove the brace and drop it in a parts box until this matter gets up to SCOTUS and is reversed.

That is, if my friend is able to take the darned brace off his bought-as-a-complete-firearm pistol. He tried again by clamping the gun, wrapped in a towel for padding, in a vise. No go. That brace is Loctited on that sucker. Any more torque than has already been applied is gonna damage the gun. My friend now thinks his only option will be to take a Dremel to the plastic of the brace and cut it off...which means that, with his surgeon-like dexterity, he's sure to plow rivulets of torn metal into the buffer tube. The brace is flush up against the staked buffer tube tightening ring thingy, and he's pretty sure he can't gracefully remove the buffer tube without getting the brace off first. But he says he'll wait around 90 days and see what happens with this rule before he starts carving away at the brace with an electric cutting tool. :shock: Any advice for my friend of a different way to approach it will be appreciated. I'll relay the info to him.
by Rafe
Tue Jan 31, 2023 10:23 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 80102

Re: ATF Released New Proposed Pistol Brace Rules

Grayling813 wrote: Tue Jan 31, 2023 9:59 am Rep. Andrew Clyde to Use Congressional Review Act to Override ATF Stabilizer Brace Rule
Thanks for that.



I'm writing my Congress-critter to ask him to support Rep. Clyde's efforts on this.

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