06-17-2021, 02:45 AM
It doesn't matter if Texas (a large State) or Rhode Island (a small State) declares the brace proposal as unconstitutional. Legal standing isn't predicated on State size, i.e., all potential Plaintiffs are treated the same by the Courts.
Federal law is codified in the U.S. Code (USC). The Code of Federal Regulations (CFR) is the official codification of the general and permanent rules and regulationsreferred to in a broad sense in regards to administrative lawpublished in the Federal Register. Agencies, including ATF, get their authority to issue regulations from laws (statutes) enacted by Congress. In some cases, a President may delegate existing Presidential authority to an agency.
With the pistol brace issue, ATF has issued proposed regulations for the CFR that are the subject of this thread. The Department of Justice has already rendered its legal opinion that in turn greenlighted ATF to issue the proposed regs, albeit subject to required public input. Proposed regulations are subject to Congressional scrutiny before they become binding and legally enforceable. There is also Judicial oversight upon Motion by one or more Plaintiffs who have standing and who claim that the regs once entered into the CFR are either unconstitutional, are outside the authority of the agency issuing the regs, etc.
Here, the Dems, for the time being, control the Presidency, the Senate and the House. So, do the math as to what we can expect. Furthermore, the Supremacy Clause dictates that if State and Federal laws/regulations are in conflict with one another, Federal law/regulations prevail.
We just can't wish ATF away. Congress and the Courts recognize the existence of ATF and its ability to enforce laws and regulations up to and including arrest for willful violations of said laws and regulations. There are people in prison as a result. We can characterize ATF as unconstitutional all that we want, but how often have we heard of ATF being ordered to un-arrest someone? We don't because ATF has mandated authority backed by the Courts. The same applies to the IRS and, for example, certain citizen movements that refuse to recognize the IRS amidst several Constitutional challenges, etc. All of which the Courts have rejected, i.e., the IRS is here to stay as is ATF.
What also matters is that the current Department of Justice has become weaponized, probably to a greater extent than under the Obama Administration with its FISA abuses and other gems. All of that represents a formidable challenge to legal gun owners. How do legal gun owners fight for the time being? Through elected representatives. Through Court actions. By joining Constitutionally provisioned militias (although the DOJ, the FBI and other Federal agencies are demonizing and targeting militias as we speak). Personally I believe that the ongoing attacks against the Second Amendment will take the country to civil war. Many of my fellow active/retired LE buddies feel the same way.
So, we wait for what ATF will decide to do with the proposed regs after public input and other boxes are checked. If the regs make it into the CFR and, as such, become enforceable, then we fight with the legal tools at our disposal. And, then, each person has to write his/her script as to what to do next.
Federal law is codified in the U.S. Code (USC). The Code of Federal Regulations (CFR) is the official codification of the general and permanent rules and regulationsreferred to in a broad sense in regards to administrative lawpublished in the Federal Register. Agencies, including ATF, get their authority to issue regulations from laws (statutes) enacted by Congress. In some cases, a President may delegate existing Presidential authority to an agency.
With the pistol brace issue, ATF has issued proposed regulations for the CFR that are the subject of this thread. The Department of Justice has already rendered its legal opinion that in turn greenlighted ATF to issue the proposed regs, albeit subject to required public input. Proposed regulations are subject to Congressional scrutiny before they become binding and legally enforceable. There is also Judicial oversight upon Motion by one or more Plaintiffs who have standing and who claim that the regs once entered into the CFR are either unconstitutional, are outside the authority of the agency issuing the regs, etc.
Here, the Dems, for the time being, control the Presidency, the Senate and the House. So, do the math as to what we can expect. Furthermore, the Supremacy Clause dictates that if State and Federal laws/regulations are in conflict with one another, Federal law/regulations prevail.
We just can't wish ATF away. Congress and the Courts recognize the existence of ATF and its ability to enforce laws and regulations up to and including arrest for willful violations of said laws and regulations. There are people in prison as a result. We can characterize ATF as unconstitutional all that we want, but how often have we heard of ATF being ordered to un-arrest someone? We don't because ATF has mandated authority backed by the Courts. The same applies to the IRS and, for example, certain citizen movements that refuse to recognize the IRS amidst several Constitutional challenges, etc. All of which the Courts have rejected, i.e., the IRS is here to stay as is ATF.
What also matters is that the current Department of Justice has become weaponized, probably to a greater extent than under the Obama Administration with its FISA abuses and other gems. All of that represents a formidable challenge to legal gun owners. How do legal gun owners fight for the time being? Through elected representatives. Through Court actions. By joining Constitutionally provisioned militias (although the DOJ, the FBI and other Federal agencies are demonizing and targeting militias as we speak). Personally I believe that the ongoing attacks against the Second Amendment will take the country to civil war. Many of my fellow active/retired LE buddies feel the same way.
So, we wait for what ATF will decide to do with the proposed regs after public input and other boxes are checked. If the regs make it into the CFR and, as such, become enforceable, then we fight with the legal tools at our disposal. And, then, each person has to write his/her script as to what to do next.