lazyengineer Wrote: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.
Pulling someone over for speeding (a violation of local and State statutes) is not equivalent to exercising rights specifically listed in the BOR that restrict government from infringing on them.
Weve had 11 years of pistol stabilizing braces and tens of millions of them in circulation, no problem.
Every time ATF tried to change their minds, they were slapped down by Congress.
Exercising rights is not to ever be misconstrued with criminal activity or traffic offenses.
In traffic law, the laws are put in place to help prevent accidents and overall road safety.
In US law relative to keeping and bearing of arms, the restrictions are on government from infringing on those rights, in order to provide for a free people who dont live in fear of tyranny, predatory animals, or common criminals.
As you study the history of the Prohibition and Alcohol Bureau, who were then converted to the ATF in 1934, you see that they are all of those things: Criminals enforcing the more powerful bootleggers while crushing the small-time entrepreneurs, who then got assigned the specific task of violating the Bill of Rights.
Nothing about the ATF is Constitutional when talking about arms. Just because a drunken and corrupt AGs office and Congress formalized their mission in 1934, does not make them legitimate.
Reading through the NFA Hearings of April and May of 1934 will astonish you as to how brazen the AGs office and Congresss disregard for the Bill of Rights was, which still governs the agencys culture today.
They have been very consistent in their charter, which is to prevent the ownership of firearms as much as possible using Congresss powers to tax.
Signing off on pistol braces was one of the biggest departures from that.
The other, most overlooked departure was arbitrarily amending the NFA to reduce rifle barrel minimum lengths to 16, while leaving shotguns at 18.
The 2nd, 4th, 8th, and 10th Amendments to the Constitution apply here, and none are even remotely in ATFs favor.
If we were to apply the reasoning of not getting a ticket for speeding all these years, it would make more sense to say, Your honor, theyve been letting us use 16 barreled rifles all these years.
ATF doesnt get to govern these things, yet WE the people have allowed them to for so long.
Smacking them down on the pistol brace issue with permanent legal correction will be a great way at chipping away at the infringements that the NFA are.
NRA Basic, Pistol, Rifle, Shotgun, RSO
CCW, CQM, DM, Long Range Rifle Instructor
6.5 Grendel Reloading Handbooks & chamber brushes can be found here:
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CCW, CQM, DM, Long Range Rifle Instructor
6.5 Grendel Reloading Handbooks & chamber brushes can be found here:
www.AR15buildbox.com
