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Posted on 02/10/2023 12:10:18 PM PST by Golden Eagle
Two new lawsuits over the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) controversial pistol brace rule were filed yesterday, with over half the states and the country joining in suits challenging the ATF’s rule.
Gun Owners of America, Gun Owners Foundation, and the state of Texas teamed up to sue the ATF. over what they see as an unconstitutional rule that violated the American Procedures Act (APA). The lawsuit highlights that both pistols and short-barreled rifles (SBR) are protected arms. It points out that SBRs are also no more dangerous than any other firearm and that the length doesn’t make it any more lethal. It also breaks down the history of the National Firearms Act (NFA) and shows that it was a failed attempt to ban pistols. That SBR regulation of the law was a left-over piece of legislation that was never removed and served no purpose.
The lawsuit also highlights that the new rule violates the Fifth Amendment protections against self-incrimination since the ATF now considers the firearms to be unregistered SBRs, and it requires gun owners to report to the ATF that they own these guns. Also, anyone registering in one of the six states where SBRs are illegal will have their Form 1 rejected. During the registration process, the Chief Law Enforcement Officer (CLEO) will be notified, which could lead to an arrest. It isn’t just the six states where SBRs are illegal; twenty-four states make it illegal to possess an SBR without obtaining a tax stamp first, meaning anyone registering their firearm has incriminated themselves.
(Excerpt) Read more at ammoland.com ...
There are now plenty of lawsuits filed in several different jurisdictions.
Time for one of them to issue a TRO on enforcing this rule.
Ping.
Isn’t that pretty much the way the bump stock ban went? Although I’m not sure if they (bump stocks) are legal to possess in all jurisdictions?
Which I believe is the modus operandi of the ATF. Make gun rules and regulations so convoluted and impossible to define that average rube will just submit.
This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.
FReepmail me if you want to be added to or deleted from the list.
More 2nd Amendment related articles on FR's Bang List.
Biden and his ATF started this pistol brace fight with a law-mandated ban on short-barrel rifles. They tried to use a rule change to make millions of pistol brace owners into felons by re-designating braced pistols into short-barrel rifles.
Because of this fight federal courts are being forced to consider whether the legal ban on short-barrel rifles is even constitutional. Biden and his ATF could well lose both the pistol brace ban and the short-barrel rifle ban at the same time.
THIS IS 15 miles from my House! Kroger Security is UNARMED! City of 17K. home of BUPERS NAVY BASE.
Teens charged in Millington (TN) carjacking
Jesus Najera is charged with carjacking and possession of a firearm during commission of a dangerous felony. He is currently out on a $50,000 bond and scheduled to appear in court on November 18. Detectives later received information that led to 18-year-old Jesus Najera and the 16-year-old’s arrest. Three handguns and an AR Style rifle were recovered when officers searched Najera’s home.
They should challenge the entire NFA.
Yep - and by making it “restrictive” to own a pistol with an attachable stock for steadiness by calling it a SBR - or any kind of rifle - is a step towards extra controls over long guns ... that’s the end goal since their assaults on so-called “assault rifles” hasn’t worked for them.
This!!
Average rubes can comply all they want. Some of the Fudds care nothing for other’s rights, so long as they believe that their (walnut and blued steel) hunting guns are safe. It’s the classic case of hoping the alligator eats you last. Only when the law protects rights, not hardware, are their guns of choice safe.
Bosco said the reason he initially created his stabilizing brace was to help a friend who suffered from “limited mobility.” The inventor’s testimony comes months after the ATF announced the new rule, which requires owners of guns with stabling braces to register
https://www.washingtonexaminer.com/policy/pistol-brace-inventor-challenges-laughable-atf-rule-at-judiciary-hearing
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