06-09-2021, 12:20 AM
(This post was last modified: 06-09-2021, 12:23 AM by lazyengineer.)
After pondering all this, and the various thought out comments here, I think the crux of my letter to the ATF will be this (And do NOT copy/paste, as they auto-delete all copy/paste comments)
-ATF had stated that arm braces are legal, and had done so in writting. And have done so defacto in enforcement action, and inaction.
-The bulk of sellers offering arm-braced firearms, are ATF licensed operators subject to ATF rules and regulations, and inspections. By allowing the continued sale of such arms for years, the ATF has defacto confirmed that their sale and possession is consistent with policy that to-date, a firearm such as an AR15 with a <16" BBL and an Armbrace, is legal to sell and possess. As precedent to ATF ruling of what is and is not proper, note the enforcement upon the Honey Badger model, which egregiously offered an "arm brace" of excessive length of pull; to the point that it was deemed by ATF to be in usage a rifle-stock. Yet all other renditions with shorter length of pull, were continued to be allowed to be sold - defacto confirming those other designs were legal.
-Millions of American's have in good-faith operated under the understanding that ATF considered such firearms of certain common design, to be legal.
-There is legal precedent set by the United States Supreme Court No 18-587 against the Trump Presidential administration, where the court ruled that President Trumps administration could not unilaterally dismantle President Obama administrations DACA policy. This action as written also, which unilaterally will affect millions of Americans, without any change in Federal Law, will face stiff legal challenges.
-While it is ATF's proper duty to evaluate and make determinations on compliance with the NFA and SBR law; it is improper to state an action and system is legal either by design, or by implication of enforcement actions; and then after millions of American's acted in good-faith compliance with that interpretation of the law; to then unilaterally deem millions of Americans as Federal Felon's with serious legal implications. It is not reasonable to assume all the affected parties will be aware of the change in order to act.
-Should the ATF deem many of the common pistol brace systems to in re-evaluation, now be illegal and not in compliance with NFA SBR regulations; then it is only proper for units already purchased in good faith, to defacto be grandfathered with no actions required by the current owners.
-ATF had stated that arm braces are legal, and had done so in writting. And have done so defacto in enforcement action, and inaction.
-The bulk of sellers offering arm-braced firearms, are ATF licensed operators subject to ATF rules and regulations, and inspections. By allowing the continued sale of such arms for years, the ATF has defacto confirmed that their sale and possession is consistent with policy that to-date, a firearm such as an AR15 with a <16" BBL and an Armbrace, is legal to sell and possess. As precedent to ATF ruling of what is and is not proper, note the enforcement upon the Honey Badger model, which egregiously offered an "arm brace" of excessive length of pull; to the point that it was deemed by ATF to be in usage a rifle-stock. Yet all other renditions with shorter length of pull, were continued to be allowed to be sold - defacto confirming those other designs were legal.
-Millions of American's have in good-faith operated under the understanding that ATF considered such firearms of certain common design, to be legal.
-There is legal precedent set by the United States Supreme Court No 18-587 against the Trump Presidential administration, where the court ruled that President Trumps administration could not unilaterally dismantle President Obama administrations DACA policy. This action as written also, which unilaterally will affect millions of Americans, without any change in Federal Law, will face stiff legal challenges.
-While it is ATF's proper duty to evaluate and make determinations on compliance with the NFA and SBR law; it is improper to state an action and system is legal either by design, or by implication of enforcement actions; and then after millions of American's acted in good-faith compliance with that interpretation of the law; to then unilaterally deem millions of Americans as Federal Felon's with serious legal implications. It is not reasonable to assume all the affected parties will be aware of the change in order to act.
-Should the ATF deem many of the common pistol brace systems to in re-evaluation, now be illegal and not in compliance with NFA SBR regulations; then it is only proper for units already purchased in good faith, to defacto be grandfathered with no actions required by the current owners.