Skip to comments.GOP lawmakers, NRA slam ATF rule to regulate pistol braces: 'Unconstitutional overreach'
Posted on 01/14/2023 7:19:09 AM PST by Blood of Tyrants
Republican lawmakers and gun rights groups blasted the Biden administration over a new rule that tightens regulations on pistol stabilizing braces.
The Bureau of Alcohol, Firearms, Tobacco and Explosives (ATF) finalized a new regulation Friday that will treat guns with stabilizing accessories like short-barreled rifles, which require a federal license to own under the National Firearms Act.
The move is part of a comprehensive gun crime strategy President Biden announced in April 2021, in response to the massacre at a grocery store in Boulder, Colorado, where a gunman using a stabilizing brace killed 10 people. A stabilizing brace was also used in a shooting in Dayton, Ohio, that left nine people dead in 2019.
(Excerpt) Read more at msn.com ...
Second Amendment consideration.
So what’s the difference between a “regulation” and a “law?”
This is probably a trial run.
Has this strategy at registration ever been tried in the USA?
If this flies they could probably do it with any other feature... like pistol grips or bayonet lugs.
A law is enacted by an elected legislature and executed by an executive branch.
A regulation is by definition unconstitutional - enacted and executed by an unelected executive branch “angency” (state or federal).
They excuse a regulation by saying a legislature gives broad responsibility to the executive branch agency - but that is not how the constitution meant it to be.
Laws must be passed and/or changed by Congress. A regulation is bureaucratic decision and a stroke of the pen.
One of the most unconstitutional things Congress has ever done is to create all these unaccountable bureaucracies and given them the power to make rules with the weight of law.
Imagine the gun grabbers are like a wad of jello and the Supreme Court is like an enormous clamp.
As the clamp tightens down, the jello leaks around the edges, trying to get out from under the pressure.
The gun grabbers attempts are like this jello. It oozes out everywhere and anywhere it can. It will, in the future, be clamped down but for now, the gun grabbers will attempt to ooze out and impose their illegality by government upon us.
The gun grabbers, and by extension the democrats, are also anticipating breaking the clamp by loading the Supreme Court with fellow gun grabbers who can then deny the Constitution as plainly written and thus render the clamp useless.
Be ever vigilant! It’s YOUR rights that they want to take from you.
“Has this strategy at registration ever been tried in the USA?”
Yes it has. In 1968 there was a machine gun amnesty in which the government allowed the owners of machine guns to keep them so long as they registered them with the government. Amazingly, the government actually kept it’s word, and to this day, those guns are transferrable
“One of the most unconstitutional things Congress has ever done is to create all these unaccountable bureaucracies and given them the power to make rules with the weight of law.”
Congress did not give them any power. That’s the whole point. These agencies are making laws without any authority. All of them are unconstitutional since Congress did not enact them.
I don’t think many will comply, just like many did no comply with the SFAE act in NY. ATF is trying to change the definition of an SBR. They have no authority and eventually this rule will be found unconstitutional. The ATF knows this but they dont care. They figure a few people will report in and they will get them in the gun registry before this makes it way through the courts.
Very important questions.
There are millions of braces out there. This may overwhelm the system. Does the registration have to be completed, or only applied for in the time period allocated?
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Their reasoning is daft in the first place. From what I understand their justification is that a Brace makes a pistol “more powerful” than it would normally be. Only a complete idiot would come up with this concept and does not deserve to work there at all.
Instead, we got a bumpstock ban and the NFA remains for regulation such as this.
Here is another article from ammoland regarding the ATF’s new rules on pistol braces.
And here is one from Cam Edwards at Bearingarms.com
As if the brace had anything to do with it. The dishonesty and malfeasance of politicians is unlimited.
I’ve seen concerns from people worried that a glut of SBRs awaiting approval will slow down applications for suppressors. Maybe the ATF should hire another 87,000 agents.
“Their reasoning is daft in the first place. From what I understand their justification is that a Brace makes a pistol “more powerful” than it would normally be.”
This isn’t true, they never say “more powerful” anywhere. The whole thing is a farce, but the real problem is the NFA which should be repealed, or declared unconstitutional.
From ammoland:There is a 120-day grace period to apply for a tax stamp for any device now considered an SBR that was previously considered a pistol.
Although the ATF states a 120-day grace period to register a pistol as an SBR, the ATF only promises not to enforce NFA rules on these devices for 60 days. The ATF will give a tax forbearance for the $200 tax stamp fee. A tax forbearance means that the ATF will not collect the $200 tax fee, although, by the law, you still owe the fee; it just will not be collected. The rule is set up the way it is because the ATF cannot waive a tax.
“If this flies they could probably do it with any other feature... like pistol grips or bayonet lugs.”
I don’t think so. Short barreled rifles were banned by congress in the NFA. That’s the core of the problem. Determining whether a brace is really a stock is relevant to the (bad) NFA law. There is nothing in the NFA about grips, flash suppressors, or bayonet lugs so it would be an an insane reach, even for the ATF to try to regulate them.
Repeal the NFA, disband the ATF, and then we won’t have these problems.
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