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

[lazyengineer]

More from the Judge's ruling! Excellent (and about time!!!) reasoning.

... Judge O’Connor [also] puts ATF on the spot by rejecting the government’s argument that [since] it has previously taken action against a firearm component, thus it has regulatory authority over firearm parts. But the judge observes, “If these administrative records show, as Defendants contend, that ATF has previously regulated components that are not yet frames or receivers but could readily be converted into such items, then the historical practice does nothing more than confirm that the agency has, perhaps in multiple specific instances over several decades, exceeded the lawful bounds of its statutory jurisdiction. That the agency may have historically acted ultra vires [beyond its authority] does not convince the Court it should be permitted to continue the practice.”

I'm surprised they even tried to play that card. What the ATF was saying, is that their past enforcement practices define what is appropriate interpretation of the legal aspects of something. So, awkward, shall we apply that to the Braced pistol = SBR, conversation? Indeed, I'm one of the few people who concedes we are going to lose the brace conversation, since, as the judge says, past enforcement practice doesn't actually define the law.

But hold on now - if the ATF lawyers suggest that indeed that's how it's supposed to work...