Well.. that just happened. ATF classification ruling that ArmBrace = SBR

[LRRPF52]

Interesting arguments by Mr. Smith who states that, in Heller 2, Judge Kavanaugh in his dissent argues that the registration of Second Amendment protected firearms (including semi-automatic rifles let alone pistol braced handguns as being the issue here) violates "the text, history and tradition test" applied to modern day gun laws that in fact require said registration of certain firearms under the National Firearms Act (NFA) of 1934.

There are people who have served time or are currently serving time in federal prison for the possession of one or more unregistered SBRs found in violation of the NFA. One would think that such cases adjudicated with a Judgment and Commitment Order remanding an individual to the custody of the USMS to serve federal prison time would have wound their way on Appeal to the higher Courts, even SCOTUS, to decide once and for all whether the NFA with its registration requirements of SBRs, among other registration requirements (such as suppressors), is unconstitutional.

The prescribed prison time in felony violation of the NFA is what concerns and, quite frankly, scares people into compliance - even in this matter. Will the Courts intervene with a Stay Order regarding ATF Final Rule 2021R-08F pending Judicial review? Even if the Courts do rule, will the Courts (ultimately SCOTUS I suppose), take on the broader issue of the registration requirements of the NFA and thereby render the NFA as unconstitutional in violation of the Second Amendment? Or, will the Courts just decide on the merits of 2021R-08F that require registration of pistol-braced ARs?

Lastly, the GOP had significant majority control of the Presidency, the Senate and the House during the first 6 years of the George W. Bush Presidential era. They did nothing during that time to legislatively deal with gun control issues (including hearing protection afforded by suppressors). The same for the first 2 years of President Trump when the GOP controlled of course the Presidency, the Senate and the House.

It may be a stretch to think that then Judge Kavanaugh's minority dissent in Heller 2 will dictate the outcome of 2021R-08F in the lower Courts, let alone in a timely manner if a Stay Order is not issued within the 120 days allotted within 2021R-08F.

However, we can hope.

Look at the 10 years of pistol FET classification and taxation precedence, which I mentioned and didn’t see anyone talking about. He addressed that in this video.

Same for imports. You have to look at the evidentiary chain of classification and transactions, all backed with FET paid by manufacturers, in conjunction with the ATF determination letters dating back to Nov 26, 2012.

When Alex Bosco sent his initial sample for a determination letter, he didn’t have any manufacturing capacity, so he went to Sig.

Sig’s attorneys didn’t just accept that letter, and requested another clarification to satisfy their legal requirements before they moved forward with manufacturing the Sig Brace.

Then in 2014, ATF responded thusly to a request from a Colorado police department:

That all changed in March 2014 with the ATF’s response to a letter from Greenwood, Colorado, police department Sgt. Joe Bradley who wondered if shooting a Sig Brace-equipped pistol from the shoulder would reclassify the pistol into an SBR.

“Certain firearms accessories such as the Sig Stability Brace have not been classified by [ATF] as shoulder stocks and, therefore, using the brace improperly does not constitute a design change,” the ATF told Bradley. “Using such an accessory improperly would not change the classification of the weapon per Federal law.”

So there has been a 10-year record of FETs collected on these classified as pistols, numerous official determination letters from ATF to private citizens, large manufacturers, and LEOs.

ATF’s argument now is basically that we’ll just pretend that the determination letters don’t exist, that 10 years of FET taxes collected never happened, and that these have always been a totally different classification of firearm under the NFA.

That’s a really weak set of arguments from a legal perspective.

The totality of the evidence in how ATF and Treasury has classified and taxed these pistols for the past 10 years fundamentally destroys any arguments they are now trying to make.

It seems clear they are under pressure to do something in the way of anti-2A legislation from the WH more than anything, and the ATF Director and his staff gambled that this was a great way to do that.