01-17-2023, 12:57 AM
grayfox Wrote:Will be interesting to be sure, especially in these days of Bruen and WV vs. EPA. The gist of the latter is that an administrative bureau cannot make a new Reg not specifically authorized by Congress if it is a major action -- Congress must give explicit authority. Definition of "major action" is if it costs over $100 million. And the ATF has acknowledged this will cost over that, probably IIRC over $250 M. So unconstitutional, plus Bruen Heller etc say Biden (make no mistake it is on his watch) cannot forbid or criminalize a weapon in common use... which all of these are.
But none of this deters the leftists: notice that Illinois just passed a bunch of unconstitutional (US constitution) state laws as reaction to SCOTUS' Bruen... they will keep at it until someone, in Schwartzkopf-lingo, "breaks their nose" - and I'm talking about the leftists behind all of this, not just the bureaucrats... altho they need it too.
Finally, it fails because of the legal doctrine you cannot make something illegal that was purchased when it was legal -- Leniety or some such term. This is the same issue that Tumka ran into last week when he floated the idea of banning gas stoves "for health reasons" -- which CPSC also does not have authority to rule on anyway.
People keep quoting that. That doesn't really apply. The ATF is not making legislation. The ATF stopped enforcing codified law, and are now resuming enforcing codified law. That's a big difference to the EPA precedence. It's even codified into the law for them to do Amnesty. As to "allowing braces", not so much as everyone says. If you read those famous "letters" (which aren't worth much, as it's just a guys opinion - at the time), they didn't actually say the whole GAME ON BOYS like everybody selectively interpreted them to say. Basically, ATF did defacto OK the topic, by continuing to look the other way. So maybe a case can be made there. But "your honor, he didn't pull over us speeding last week", generally isn't the worlds best defense.
In the meantime, you have a pile of obvious intent and usage of the armbrace to be a stock. Just calling a DIAS a can-opener, ain't going to work when they pull that Drop In AutoSear out of your AR15, and you say no no, let me open this coke here, and show you!
Look, I look forward to the legal challenges and the ATF is at real risk of having NFA on SBR overturned, based on Thomas' instructions to the courts on how to interpret gun cases. I hope they do!
Banking on that is a dangerous game. You do you, I certainly will continue to support those who chose that path. But I'm not going to expect anyone to do so.
4x P100