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NRA Members Protected Against ATF Pistol Brace Rule
AmmoLand ^ | April 3, 2024 | Dean Weingarten

Posted on 04/09/2024 4:59:33 AM PDT by marktwain

On March 29, 2024, United States District Judge Sam A. Lindsay, for the Northern District of Texas, Dallas, ordered a preliminary injunction, stopping the  Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from enforcing the final rule as it applies to pistol braces and NRA members. Once Joe Biden was elected President, the ATF radically changed course, reversed a dozen years of previous administrative measures, and declared once legal pistol braces as re-defined “short-barreled rifles.

The “final rule” claimed to be implementing measures approved by Congress in the 1934 National Firearms Act. The court found the ATF had gone to far. In effect, the ATF created legislation, usurping the function of the Congress.

The National Rifle Association of America (“NRA” or “Plaintiff”) brought this action on July 3, 2023, against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), Steven Dettelbach, in his official capacity as the Director of the ATF; the United States Department of Justice; and Merrick Garland, in his official capacity as the United States Attorney General (collectively, “Defendants”), for alleged violations of the Administrative Procedure Act (“APA”) and the Second Amendment to the United States Constitution. In particular, the NRA challenges the ATF’s January 31, 2023 issuance of an administrative rule titled “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’ ” 88 Fed. Reg. 6,478 (“Final Rule”), which created a framework for determining whether firearms equipped with a stabilizing brace qualify as a short-barreled rifle (“SBR”), a category of firearms regulated by the National Firearms Act of 1934 (“NFA”).

The controversial NFA was passed in 1934 after the primary purpose of the law, to require registration and licensing of all handguns, had been stripped from the measure because of lobbying by the NRA.


(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: banglist; nra; pistolbrace; tx
Judge Sam A. Lindsay ruled NRA members may not be prosecuted by the ATF for possessing pistol braces until the court case is finally adjudicated as to whether the law is valid.
1 posted on 04/09/2024 4:59:33 AM PDT by marktwain
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To: marktwain

Federal district Judge Sam A. Lindsay of Dallas.

Youtube Video of Judge Lindsay

Judge Lindsay was appointed by President Bill Clinton. Sam A. Lindsay grew up on a Texas ranch.

2 posted on 04/09/2024 5:02:40 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: marktwain
Judge Sam A. Lindsay ruled NRA members may not be prosecuted by the ATF for possessing pistol braces until the court case is finally adjudicated as to whether the law is valid.

1. It's not a "law" - it's a "rule", made up at the BATF&E.
2. Don't run out and buy a brace now, especially do not order one on line with a credit card!

3 posted on 04/09/2024 5:44:02 AM PDT by grobdriver (The CDC can KMA!)
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To: marktwain

The controversial NFA was passed in 1934 after the primary purpose of the law, to require registration and licensing of all handguns, had been stripped from the measure because of lobbying by the NRA.

The unconstitutional NFA was passed after the NRA caved with the stripping of registration and licensing of all handguns provision was removed from the bill.

The NRA has been active and complicit in the passage of every unconstitutional gun law in the past two centuries. The truth hurts but needs to come out so individuals stop contributing to the destruction of the Second Amendment through their membership in the corrupt NRA.

See Neal Knox for all the proof you will ever need.


4 posted on 04/09/2024 5:45:51 AM PDT by wita (Under oath since 1966 in defense of Life, Liberty and the pursuit of Happiness)
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To: wita
See Neal Knox for all the proof you will ever need.

I knew Neal Knox. He was a great man, a tremendous thinker.

The NRA has been active and complicit in the passage of every unconstitutional gun law in the past two centuries.

The NRA was formed in 1871. It is only 153 years old.

I believe Neal, if he were alive, would disagree with you. Neal worked very hard to reform the NRA from within. Unfortunately, he failed, because of the illegal acts and greed of insiders in the NRA.

But to portray the NRA as complicit in the passage of every unconstitutional gun law, because it attempted to mitigate the damage of the proposed laws, (with considerable success!) which were before Congress, is hyperbole.

Hindsight is excellent. If Neal Knox had been the Executive VP, we would be in much better shape. But it is all anti-factual because it did not happen.

We would almost certainly be in much worse shape if the NRA had not worked hard to mitigate the damage of the bills passed by Congress.

5 posted on 04/09/2024 6:33:07 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: marktwain
Federal Judge Rules Millions of NRA Members Exempt From ATF Pistol Brace Rule

04/03/2024 8:33:58 AM PDT · by Navy Patriot · 8 replies
NTD News ^ | April 2, 2024 | Jack Phillips

https://freerepublic.com/focus/f-news/4228722/posts


Ruling: Millions of NRA Members Exempt From Pistol Brace Ban

04/02/2024 5:58:46 AM PDT · by Red Badger · 26 replies thereload.com ^ | April 1, 2024 6:19 pm | Stephen Gutowski

https://freerepublic.com/focus/f-news/4228455/posts

6 posted on 04/09/2024 7:58:24 AM PDT by Paal Gulli
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To: wita
The NRA has been active and complicit in the passage of every unconstitutional gun law in the past two centuries. The truth hurts but needs to come out so individuals stop contributing to the destruction of the Second Amendment through their membership in the corrupt NRA.

See Neal Knox for all the proof you will ever need.

Truth bump.

7 posted on 04/09/2024 8:24:55 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; BraveMan; cardinal4; ...

8 posted on 04/09/2024 11:21:15 AM PDT by SunkenCiv (Putin should skip ahead to where he kills himself in the bunker.)
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To: marktwain

The NRA was formed in 1871. It is only 153 years old.

What we are discussing did take place in parts of two different centuries. Three if you want to get technical, but I agree it might be considered a stretch. The NRA chooses to believe they weren’t really politically active till after the nineteenth century. Why, would be a question to ask.

I knew Neal Knox. He was a great man, a tremendous thinker.

I didn’t know him except through his writing, but we are in complete agreement as to the character of the man.

But to portray the NRA as complicit in the passage of every unconstitutional gun law, because it attempted to mitigate the damage of the proposed laws, is hyperbole.

I believe Neal saw through the mitigation scam used by the corrupt NRA to excuse their complicity. His quotes in the book “The Gun Rights War” compiled by Chris Knox agree with me, but that may be my take and you could also be correct.

I’ll stand by my position and you yours, it doesn’t change our position relative to the good character of a man who has not been replaced in the battle for individual rights. How I miss his brilliant tell it like he saw it writing and heroic stand for the second amendment.


9 posted on 04/10/2024 6:35:58 AM PDT by wita (Under oath since 1966 in defense of Life, Liberty and the pursuit of Happiness)
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To: marktwain

It’s been a while since I have engaged in a back and forth. I forgot to detail your writings from mine, but since it is just us, (no pun intended), I figure you will be able to deal with it.

Thanks for the reasoned reply.


10 posted on 04/10/2024 6:42:10 AM PDT by wita (Under oath since 1966 in defense of Life, Liberty and the pursuit of Happiness)
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To: wita
No problem. Neal was brilliant. It is very hard to find someone as knowedgable, as foresighted, as, well... brilliant.

A horrible loss, to be sure.

11 posted on 04/10/2024 10:31:45 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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