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Thousands Flood ATF With Comments Over Rule Change That Could Land Millions of Americans in Legal Trouble
townhall.com ^ | 6/17/2021 | Matt Vespa

Posted on 06/18/2021 7:59:33 AM PDT by rktman

Stephen Gutowski of The Reload has been covering the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ attempt to ban pistol braces. There’s no wiggle room. No grandfather clause. They’re trying to make them illegal, thus turning millions of Americans into felons for exercising their constitutional right to own firearms. Some 10-40 million Americans have firearms with these stabilizing pistol braces. It’s a backdoor ban. Biden doesn’t have the legislative majorities to pass what he wants to pass, so his people are looking at the existing regulations, tweaking them, and they found a big one here. This new ATF regulation is potentially the largest gun registration and confiscation scheme in American history.

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


TOPICS: Constitution/Conservatism; Government; Philosophy; Politics/Elections
KEYWORDS: 2a; banglist; kaba
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To: jaydubya2

It’s not the stabilizing brace they are after, but the short barrel. This is one step in the process of outlawing guns from the top down.

It is illegal to own a short barrel AR without a permit that costs hundreds (which is not a guarantee one will be issued).

The AR pistol can be used like a short barrel by putting the forearm brace against the shoulder.

The gubmint is always scanning the horizon to pick something to outlaw in the way of the 2nd Amendment. I believe the Founders said that which the government owns for protection, the citizens can also have, i.e., muskets, cannons. Of course, they didn’t envision B2s and M1 Abrams!


21 posted on 06/18/2021 8:24:09 AM PDT by Deepeasttx ( Sensitivity/diversity training sessions are just reeducation camps without walls....for now.)
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To: rktman
Here is my draft response to the proposed rule:

This commenter will focus on the proposed ATF Worksheet 4999, “FACTORING CRITERIA FOR RIFLED BARREL WEAPONS WITH ACCESSORIES commonly referred to as “STABILIZING BRACES”

It is obvious that this worksheet is intended to mimic the worksheet used by the ATF titled FACTORING CRITERIA FOR WEAPONS, ATF Form 4590, which assesses a handgun submitted to the ATF for potential importation into the United States by examining the firearm and awarding “points” for certain features, or lack of features. Only if the proposed handgun meets or exceeds a stated “qualifying score” is the handgun then considered eligible for importation.

This proposed Form 4999 is not being used to determine if any given handgun with stabilizing brace that is submitted to the ATF for evaluation would be legal for sale, it is being used to determine if an EXISTING FIREARM OWNED BY AN INDIVIDUAL CITIZEN IS AN NFA FIREARM.

That is a completely different purpose for this form than the prototype ATF Form 4590, and one that may not be legal under the ruling by the 6th Circuit Court in the case of Gun Owners of America v. Garland, which struck down the ATF’s ability to fabricate out of whole cloth new law under the guise of expanded regulations promulgated under the so-called “Chevron Deference” that would place individual owners of firearms in legal jeopardy, without explicit Congressional action directing the ATF to do so.

For that reason, this commenter OBJECTS TO THE ENTIRE PROPOSED RULE FOR FACTORING CRITERIA FOR FIREARMS WITH ATTACHED “STABILIZING BRACES”

Just saying "what part of 'Shall Not Be Infringed' do you not understand" is tempting, and satisfying, but will not accomplish anything. Flooding the proposed rule with comments will. It has in the past when the ATF tried to outlaw M855 "Green Tip" ammunition, when they first tried to propose rules on bump stocks in December 2020, and it can work again now.

Submit your comments against the proposed rule here: https://www.federalregister.gov/documents/2021/06/10/2021-12176/factoring-criteria-for-firearms-with-attached-stabilizing-braces

22 posted on 06/18/2021 8:24:55 AM PDT by Yo-Yo (is the /sarc tag really necessary?)
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To: CodeJockey
In various forms.


23 posted on 06/18/2021 8:25:17 AM PDT by deport ( )
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To: CodeJockey
What is a stabilizing pistol brace?

Pistol is on the left, brace is on the right. Very handy for disabled people.


24 posted on 06/18/2021 8:25:40 AM PDT by upchuck (I am not afraid of the Chinese Virus or variants. I AM afraid of the unproven vaccines.)
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To: Yo-Yo
Oops, typo. Corrected: "when they first tried to propose rules on bump stocks pistol braces in December 2020"
25 posted on 06/18/2021 8:28:28 AM PDT by Yo-Yo (is the /sarc tag really necessary?)
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To: Deepeasttx

Thanks!


26 posted on 06/18/2021 8:29:41 AM PDT by jaydubya2
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To: rktman
it's NOT gun violence any more than rape is PENIS violence or arson FIRE violence, it's CRIMINAL violence!!!
27 posted on 06/18/2021 8:35:50 AM PDT by Chode (there is no fall back position, there's no rally point, there is no LZ... we're on our own. P144:1)
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To: hanamizu

WUT? Your friends and neighbors don’t have them? Maybe you’re in a stabilizing brace ‘desert’. Like a food ‘desert’ but different.


28 posted on 06/18/2021 8:36:30 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this?)
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To: upchuck

Unless that pistol is over 26” that forward grip is verboten unless a tax stamp is acquired.

Be careful people. 1/16” could make you a felon.


29 posted on 06/18/2021 8:41:36 AM PDT by OSHA
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To: PIF; LucyT

“Evolution? Survival of the fittest? Kill off the weaker ones? Cull the herd?”

It depends on who the fittest is. I say it’s We The People.

Kill of the weaker ones? I say that We The People are the stronger ones!

Cull the herd? I say We The People can stampede their asses anytime we want!

of course, I’m assuming that gun owners are of all stripe and walks of
life. You couldn’t own a gun and say: I’m a liberal commie, let them confiscate it! This is a subject that can’t be politicized. On the contrary, it’s quite unifying!

Ask commie Bernie Sanders, why doesn’t he support anti gun laws in Vermont?


30 posted on 06/18/2021 8:42:12 AM PDT by melancholy (You can vote Socialism in, but you have to shoot your way out. (FReeper pilgrim heard it said))
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To: rktman

Accuracy?

While they are at it, why not eliminate the front and rear sights? Hold on, then there would be “inaccuracy,” never mind.


31 posted on 06/18/2021 9:00:41 AM PDT by BatGuano ("Ya don't think that I'd go into combat with change in my pocket, do Ya?)
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To: Pollard

Which ATF should understand is it’s own punishment and long-term disability maker as the concussion and noise from firing it that close to the head will likely cause permanent damage to the user in short order.

Yes, yes - it’s our right, but AR pistols are still stupid.


32 posted on 06/18/2021 9:01:38 AM PDT by larrytown ( )
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To: rktman

Congress needs to get off their collective butts and change the ATF’s operating policies to deny them the authority from enforcing any regulations controlling access or creation of Civilian Firearms and ammunition.

Without this change the ATF will continue to violate the second amendment just by changing a policy at will.

The ATF doesn’t write the laws. The congress does.


33 posted on 06/18/2021 9:19:31 AM PDT by puppypusher (The world is going to the dogs.)
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To: OSHA

Is that using a man’s 1/16th or a ladies 1/16th? :-}


34 posted on 06/18/2021 9:29:37 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this?)
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To: rktman

I am but a simple man, but I have a question based on the following:
1) Let us accept the 2nd Amendment as absolute..NO INFRINGEMENT
2) Tenth Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

My question from the above is where does the Federal government get any authority to regulate the possession of firearms by the citizens. What specific(or general)authority exists to regulate or ban possession of firearms or firearm types?

Perhaps you can stretch parts of the Preamble, “insure domestic Tranquility,.. promote the general Welfare” and say they give the authority, but I see that as a big stretch.
Being something close to a 2A absolutist, I just do not see that authority.
But again, I am just a common man.

P.S. Would not this regulation on braces be akin to an “Ex Post Facto” law and therefore unconstitutional?


35 posted on 06/18/2021 9:36:18 AM PDT by rustyboots
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To: CodeJockey

36 posted on 06/18/2021 9:37:32 AM PDT by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: rktman

You could fashion one out of a 2x4, but it is cost prohibitive.

I guess they will be coming after my Bullpup Semi Auto Shotgun next. It’s short but sweet.

I remember seeing Lee Van Cleef use his own version of a Pistol Brace in the Movie “For a few Dollars More”. I imagine our current Nazi AG will want to dig him up and charge him.


37 posted on 06/18/2021 9:44:28 AM PDT by Kickass Conservative (Trump - Make America Great Again / Biden - Make American Grovel Again...)
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To: rktman

Joe: I disarm you, disarm you, DISARM YOU.

Its a regulation not to be obeyed. If its law, then thats another kettle of fish.It can be litigated.

But a regulation. Its difficult without satisfying all the
prerequuisites of administrative law.

Lets hope for a class action law suit in federal court.


38 posted on 06/18/2021 10:23:37 AM PDT by Candor7 ((Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html) )
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To: Candor7

Don’t know anyone that has the finances to litigate this. Or any infringements.


39 posted on 06/18/2021 10:29:11 AM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this?)
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To: rktman
The answer is for just one state to pass legislation or an amendment to the state constitution making all federal gun laws including the NFA and GCA null and void. This must also include making it illegal for a federal agent to attempt to enforce federal gun laws in the state punishible by significant prison terms. (My suggestion is 10 years in prison and or a $10,000 fine)

Texas is on track to do just that. We have started with the suppressor bill but that is just a first step. It's coming and the current ATF and DOJ shenanigans are only going to speed up this process.

The ATF and FBI have been using the NFA to terrorize law abiding citizens since it's passage in 1934. It's time a few red states go for the jugular and shut down the NFA for good.

40 posted on 06/18/2021 10:34:12 AM PDT by precisionshootist
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