ATF Released New Proposed Pistol Brace Rules

[crazy2medic]

The ATF and the NFA need to cease to exist, time for them to be retired into history as bad legislation creating a abusive agency!

[carlson1]

I am not for sure how the ATF came to just write a memo and it is law. What happened to the House, the Senate, and the Presidents signature?

[The Annoyed Man]

My question is this: will having a pistol brace in one's spare parts bin be considered "constructive possession" of an SBR, or will one have to either destroy it or turn it in as the F-troop decreed with bump stocks?

My sense is that, eventually, a lot of this ATF nonsense is going to get slapped down in the courts per the West Virginia v. EPA SCOTUS ruling. That’s not to say that Congress won’t eventually act to "correct" that ruling by legislatively assigning additional authority to ATF not already contained in the NFA. But until/unless that happens, my sense is that the long term outlook for ATF overreach isn’t favorable to ATF. I don’t want to destroy or have to bury a perfectly usable pistol brace, for which I paid about $125, if I can be reasonably certain that ATF isn’t going to go door to door to confront pistol brace owners.

Does anyone have an answer for this question?

[Grayling813]

I am not for sure how the ATF came to just write a memo and it is law. What happened to the House, the Senate, and the Presidents signature?

[Soccerdad1995]

I am not for sure how the ATF came to just write a memo and it is law. What happened to the House, the Senate, and the Presidents signature?

The answer is that its not a law. At least not until after it has been tested in a court. To my knowledge that has not even happened with "bump stocks" and the ATF told us their latest opinion on those a while ago (which contradicted their prior opinion on the same subject).

Until that happens, anything coming out of the ATF is just their opinion of how the law would apply in a specific situation.

[carlson1]

I am not for sure how the ATF came to just write a memo and it is law. What happened to the House, the Senate, and the Presidents signature?

The answer is that its not a law. At least not until after it has been tested in a court. To my knowledge that has not even happened with "bump stocks" and the ATF told us their latest opinion on those a while ago (which contradicted their prior opinion on the same subject).

Until that happens, anything coming out of the ATF is just their opinion of how the law would apply in a specific situation.

Thank you.

[tomneal]

"It's a trap"?

Washington Gun Law President


He is wondering if this 'Amnesty' is a trap.

I don't have a dog in this fight but if you do...

[K.Mooneyham]

"It's a trap"?

Washington Gun Law President


He is wondering if this 'Amnesty' is a trap.

I don't have a dog in this fight but if you do...

The overwhelming bulk of those AR pistols which get submitted will be deemed to be SBRs and thus the person is admitting to now "illegally" making an SBR without a prior tax stamp in hand. Instant felony. I don't own that sort of stuff because I just don't have the money for it, but these bureaucratic crooks are looking to increase their power and this gives them another avenue to do just that.

[der Teufel]

I am not for sure how the ATF came to just write a memo and it is law. What happened to the House, the Senate, and the Presidents signature?

There are three ways laws come into being. The categories are:
1) Legislative Law - Enacted by congress
2) Executive Law - Executive Orders and rulings by executive branch departments (this is where the ATF comes in)
3) Judicial Law - Rulings handed down by the court system

All of these become law when they are executed. They are not just opinions. They are, of course, subject to review. The courts can nullify or modify legislative and executive rulings. The Legislature can enact laws that countermand executive or judicial findings.

I agree that the West Virginia v. EPA SCOTUS ruling is likely to rein in some of the bureaucratic excesses that have occurred in the past, but we'll have to wait and see to learn just what effect that will really have.

[Beiruty]

ATF cannot say it was legal to own, and now it is felony not to register. Otherwise, it was allowing people to commit felonies, knowingly and willingly.
In addition, if they sent a letter that an item is federally legal to own, and now it is not, then a lawyer can argue, who passed the law to change the first decision?

[srothstein]

"It's a trap"?

<snip youtube link>

He is wondering if this 'Amnesty' is a trap.

I don't have a dog in this fight but if you do...

If you have to ask "Is this a trap?" you already have your answer. It is.

[puma guy]

"It's a trap"?

<snip youtube link>

He is wondering if this 'Amnesty' is a trap.

I don't have a dog in this fight but if you do...

If you have to ask "Is this a trap?" you already have your answer. It is.

[Grayling813]

When the ATF came for bump stocks...it didn't affect me so I didn't object

When the ATF came for pistol braces...it didn't affect me so I didn't object

You're not part of the solution, you're part of the problem.

[anygunanywhere]

When the ATF came for bump stocks...it didn't affect me so I didn't object

When the ATF came for pistol braces...it didn't affect me so I didn't object

You're not part of the solution, you're part of the problem.

Exactly.

I recall receiving a tongue lashing on this forum for questioning the NRA backing the bump stock ban.

"We have to give up something to preserve the rest."

Right. That is working out so well.

[tomneal]

President of Washington Gun Law
Details of how the pistol brace trap will be set:

How the ATF Will Set Their Amnesty Registration Trap: