Magpul dropped a new pistol brace today. Seems like odd timing considering the ATF is likely
to drop their unfavorable ruling on braces in a couple months.
https://magpul.com/bda-arm-bra...?mp_global_color=118

Some people believe their is a possibility the ATF provides some kind of amnesty for pistol braces (“A free stamp”). There will be an uptick by folks that haven’t completed their AR pistol builds to get something.

If you look at these, they are cheap to make. Magpul probably spends less than $5 dollars to make and market.

Never let a good crisis go to waste.

If you have a stamp why would you ever use a brace? The NFA cluster that will result for having to process possibly tens of millions of new form 1's boggles the mind. I can't imagine how the ATF thinks they might do it. The only strategy that seems remotely possible is you submit your F1 and then you have permission to use your current braced configuration until the ATF gets around to either approving it or denying it. They are processing around 600K NFA applications per year with waits that are probably averaging close to 9 months on average. but say its less like 6 months. 6 Million new applications (probably the low end) would make that 5 years. I can't figure out how the ATF thinks they can manage the paperwork of their technical decision.

I think anything ATF does to outlaw pistol braces will get shot down in the courts. Maybe Magpul feels the same way.

I believe it has several features that play better on the ATF D&D character sheet that was floating around.

it takes years and years to win in court on a large scale. And other administrative rulings (that at least to me arevATF mistakes on the law) like bump stocks have not been shot down by the courts.

quote:

Originally posted by hrcjon:
it takes years and years to win in court on a large scale. And other administrative rulings (that at least to me arevATF mistakes on the law) like bump stocks have not been shot down by the courts.

Bump stocks were never as common as pistol braces. Hopefully, a court challenge will lead to an immediate stay in enforcement of the new rule, until a final court decision.

quote:

Originally posted by bnz42:

quote:

Originally posted by hrcjon:
it takes years and years to win in court on a large scale. And other administrative rulings (that at least to me arevATF mistakes on the law) like bump stocks have not been shot down by the courts.

Bump stocks were never as common as pistol braces. Hopefully, a court challenge will lead to an immediate stay in enforcement of the new rule, until a final court decision.

Plus the fact that bump stocks can be seen as sinister, while pistol braces appear to be innocuous.

exactly how does that make any difference under the statue involved. The ATF is making sh** up in either case. The common use language has not been the core argument of those challenging the bump stock ban. And I suspect (we won't know till the ATF drops the final rule) that it won't be part of the pistol brace suits. I personally think that after the statutory case the ADA is the best attach, but that's me.

quote:

Originally posted by Flash-LB:
I think anything ATF does to outlaw pistol braces will get shot down in the courts. Maybe Magpul feels the same way.

I sure hope you're right. I'm thinking the same way; someone's going to have to take up this cause.

There will be plenty of people ready to sue on this with standing. The problem is at what level and in what jurisdiction it gets adjudicated. It took 3 years for the bump stock ban to get to the SC (they denied the case). If your strategy is the courts I think you will be waiting quite a bit.

Here is an interesting video from a Supreme Court bar member and the bump stock ban cert being denied. His opinion on the denial of cert and the fact that there were no judges who dissented which was unusual. His opinion is the court is waiting for a better avenue for Chevron deference to eliminate agencies ability to make law.

Start vid @ approx 5min.

https://www.youtube.com/watch?v=g3XR2D5ZKFY

I think there will be quick action by the courts on this one given the volume of these that were already legally purchased. Plus there are states like Illinois where it is illegal to own an SBR so what will the people in those states have to do?

All warfare is based on deception. Hence, when able to attack, we must seem unable; when using our forces, we must seem inactive; when we are near, we must make the enemy believe we are far away; when far away, we must make him believe we are near. Hold out baits to entice the enemy. Feign disorder, and crush him.
– Sun Tzu, the Art of War

quote:

Originally posted by grumpy1:
I think there will be quick action by the courts on this one given the volume of these that were already legally purchased. Plus there are states like Illinois where it is illegal to own an SBR so what will the people in those states have to do?

I completely agree. Amnesty (pardon) is reserved for criminals and not citizens who have been following the law.
With millions of braces (ATF est 4mil, and others est 10-40mil) in circulation, a 90 day time frame for the ATF's so called "amnesty", it would takes years for the ATF to process Form 1's.