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Posted on 06/26/2023 4:44:34 AM PDT by marktwain
After having ruled pistol braces to be legal accessories for a decade, the ATF has issued a rule many, if not most pistol braces, will be considered contraband, which makes a pistol into a short-barreled rifle. Under the theory of “constructive possession”, possession of a banned pistol brace and a pistol the brace will fit could be enough for arrest and conviction of possession of a short-barreled rifle, with penalties of up to a $10,000 fine and or up to ten years in prison.
Under the Supreme Court decision United States v. Thompson/Center Arms Co., the possession of parts that can be assembled into a pistol, a rifle, or a short-barreled rifle does not equate to the possession of a short-barreled rifle because of the rule of lenity and the ambiguity of the statute. The case was decided in 1992. You may convert a pistol to a rifle and back again. However, the ATF has ruled you may not convert a rifle to a pistol and back again. From the decision:
Respondent manufactures the “Contender” pistol and, for a short time, also manufactured a kit that could be used to convert the Contender into a rifle with either a 21-inch or a lO-inch barrel. The Bureau of Alcohol, Tobacco and Firearms advised respondent that when the kit was possessed or distributed with the Contender, the unit constituted a “firearm” under the National Firearms Act (NFA or Act), 26 U. S. C. § 5845(a)(3), which defines that term to include a rifle with a barrel less than 16 inches long, known as a short-barreled rifle, but not a pistol or a rifle having a barrel 16 inches or more in length.
(Excerpt) Read more at ammoland.com ...
The "new rule" which is supposed to allow people to know if they have a "short barreled rifle" by having a brace, is confusing. It appears to be a "I will know it when I see it" sort of rule.
Sounds like all kinds of infringement going on.
Penalty will probably not be pre-trial diversion and expungement. Unless your name is Biden.
That’s the preserved Union government at work.
The most interesting part of this anti constitutional and anti disability action is the fact there’s a guesstimate of 10-40 million pistol braces in circulation, 40 million is probably closer to the low end than 10 million, IMHO, is the fact only 250,000 people registered their pistols with the anti constitutional NFA list the ATF runs.
Me thinks gun owners need to learn the techniques of jury nullification as much as knowing how to safely handle a gun going forward from here. There’s more than one way to skin a rabid Cat…
I may have two AR lowers. I have a rifle, and I have a pistol.
I have the rifle and a 9mm upper, a .22 upper and a 5.56 upper. They are all 16 inch barrel.
I have the pistol with a 458 Socom upper. A a .233 Wylde upper and a blackout upper. They are all 10 inch barrels.
How many possible illegal combinations do I have ? This law won’t change that.. my illegal combinations have been that way for years.
For everyone saying “this law is the Rubicon” or “this right here proves overstep from government” must understand that freedom isn’t ending... it already has. They won’t be infringing on a right because it’s already gone. Whatever power they seek out in this action they already have.
If I were an attorney, I would offer for $100 plus filing fees name changes....but only if changing the name to “Hunter Biden.”
And, I’d include a guidebook with account numbers to the financial accounts of the Biden Crime Family.
Meanwhile, politically connected people like Hunter and Baldwin skate.
“ Meanwhile, politically connected people like Hunter and Baldwin skate.”
And they will continue to until the people fully express their anger towards those who pervert justice.
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Ever since the 1934 NFA.
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