Member
| Well if they do they have a pretty decent court case since lots of these braces came with ATF letters saying they were legal. ATF changing their policies and interpretations isn't the same as the law. Interesting and stupid times. |
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Member
| quote: Well if they do they have a pretty decent court case since lots of these braces came with ATF letters saying they were legal. ATF changing their policies and interpretations isn't the same as the law. Interesting and stupid times.
THERE is literally no winnable court case for the fact that the ATF has changed their minds. It has happened already a zillion times and nobody has won on that issue. Sometimes even when they require the turn in of the guns involved. There might be other issues to win on for this specific issue (ADA comes to mind, but that was mentioned a zillion times in the commentary period so I assume they feel comfortable they can defeat that), but the prior rulings isn't one of them. Everybody ought to prepare that in August if the current run of ATF changes goes through that braces are gone on lots (most?) of many existing guns.
“So in war, the way is to avoid what is strong, and strike at what is weak.”
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Member
| I stopped giving a crap what our corrupt and unconstitutional government does. Plan accordingly. |
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Junior Member
| quote: Originally posted by Lefty Sig:
^^^ It will be contested in court and it might be blocked.
Why? The bump stock ban was set aside because bump stocks are not regulated under NFA and do not meet the definition of of a machine gun.
Braced pistols have been in common use for a decade and there is no legislation making them illegal or regulating them. ATF is a regulatory agency that is supposed to enforce the law, not make it up. NFA 34 and GCA 68 are legislation. 922r is legislation. A reasonable judge is not going to allow the ATF to make millions of Americans into felons overnight, and may very well tell ATF that Congress needs to legislate this too.
I would also expect some kind of grandfather clause. New guns will be manufactured and sold in configurations that are "legal", and the brace companies will modify their products as needed to comply.
I have an MPX and a Rattler than came with the PDW telescoping brace and an ATF determination letter that says it's a brace and not a stock.
Personally, I've already figured out how to build an AR that passes the 4999. But brace companies are going to need to make things that comply for Scorpions, SP5's, etc.
I bolded the relevant part of your post. It's going to boil down to where the new regulation, if it's put in place, is contested. Clinton, Bush, or Obama judge, probably upheld. Trump judge, maybe a chance of it being overturned. No guarantees though. |
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