ATF Secretly Crafting Rules That Restrict Pistol Braces
BY Herschel Smith
4 years, 5 months ago
The @ATFHQ is crafting secret rules restricting the possession of certain pistol braces by American citizens, which would turn millions of law-abiding gun owners into felons overnight. I sent a letter today demanding they stop.
Here is selected quotes from the letter.
ATF initially welcomed the advent of pistol arm braces. In 2012, ATF correctly determined that the attachment of arm braces to large pistol platforms does not constitute the manufacture of a short barreled rifle. This determination, consistent with law, clarified that attachment of a pistol-affixed arm brace did not constitute the making of a Short Barreled Rifle (SBR) subject to registration requirements under the National Firearms Act (“NFA”), 26 U.S.C. §§ 5801–5872, and made these important safety tools more readily available to those who need them. Central to ATF’s determination was its finding that arm braces are not synonymous with shoulder stocks and thus not designed or intended to be fired from the shoulder. Since ATF’s initial determination, over two million arm braces have been sold to gun owners. Additionally, hundreds of firearm manufacturers have sold over one million firearms pre-configured with arm braces.
Despite initially welcoming the introduction of pistol arm braces, it has come to our attention that ATF is now attempting to restrict some of the most popular arm brace configurations by creating non-public standards that are not based in statute or regulation. For example, in determining whether an item is an arm brace or stock, ATF has, through private letters, created an inexhaustive list of what it considers “objective design features.” With no basis in law, one of the “indicators” chosen to make these determinations is “length of pull,” which is the distance from the rear of the stabilizing brace to the trigger. Unbeknownst to the general public, ATF has ordained in private determination letters that it considers “any firearm with a ‘length of pull’ over 13-1/2 inches to be designed to be fired from the shoulder,” thereby making it a short-barreled rifle. However, ATF has also privately proclaimed that even firearms under this length of pull can be classified as a short-barreled rifle, if ATF identifies other (and often unspecified) applicable “indicators.” It is not clear what authority ATF has to establish these hidden standards.
We understand that ATF is currently considering restricting one arm brace model owned by over 700,000 Americans, despite it being functionally no different from the more than ten arm brace designs already approved by ATF. Were ATF allowed to proceed with issuing this determination letter or others, close to one million law abiding Americans could be made felons overnight.
What is left unsaid is exactly what brace design is being reconsidered for this classification. Stay tuned. It would be just like the ATF folks to state, restate, bait and switch, and then restate again in order to entrap innocent people.
It’s their bread and butter.
|
|
On June 18, 2020 at 7:43 am, penses said:
Why do it in secret. None of Trump’s edicts conform to “statute or regulation.” If the BATF whispered the magic words in the god emperor’s ear he might think it was his idea and announce it in another proclamation.
With the bump stock/suppressor/red flag proclamations Trump has opened Pandora’s box. The ball has been dropped and the deep state is now going to run with it. The swamp is not being drained, it is spilling over into the rest of the country.
Never bothered to pay any attention to Q or any of the other crazies but it would be interesting to see what they think about their “god emperor now.” Looks like all that talk about “The Storm” and “draining the swamp” was just BS unless they were talking about total economic callapse and a communist uprising.
On June 18, 2020 at 8:06 am, Longbow said:
Yeah, but… the Vast Majority… uhhh, mmmm… you know!
On June 18, 2020 at 8:16 am, Fred said:
It. Will. Never. Stop.
Thank You Donald J. Trump for your bump stock ban. Told ya so, and so did many others. Once the ban by fiat becomes a thing it will never stop.
On June 18, 2020 at 8:44 am, Ned said:
penses: I saw this on Twitter – mentioned it was the logical progression of Trump’s bump stock ban. The thread evaporated after that post. They’re still in denial.
On June 18, 2020 at 9:11 am, Dirk said:
IF I had one, I sure as fuck wouldn’t turn it in, nor would I comply, in the future. As we’re learning Daily, rules are for the lawful. Fuck them, fuck that!.
Dirt
On June 18, 2020 at 9:23 am, DMV GRINGO said:
Who cares?!
Fedgov is wholly delegitimized. Our Republic is RULED by a child raping dictatorship, a crime syndicate operating outside of Constitutional law and three branch restraint, raping and pillaging the citizenry. The rule of law in America is long dead piss and shit. Stop flustering, pondering, and worriedly fawning over their ‘what if’s’.
On June 18, 2020 at 9:30 am, DMV GRINGO said:
Just so ya’ know: Supreme Court Blocks Trump From Ending DACA, Shielding Illegal Immigrants From Deportation – Jun 18, 2020
https://www.kmov.com/news/supreme-court-blocks-president-trump-from-ending-daca/article_0f353ba2-b16d-11ea-9d19-eba020ad5575.html
On June 18, 2020 at 9:35 am, penses said:
Ned: Grasping at straws instead of preparing for the apocalypse. Those rallys he has reminds be of the Moonies back in the 70s.
White people vote, vibrants get the benefits.
And it is only going to get better:
“AfricanAmericans built this nation. You built this nation. You know you’re just starting to get credit for that, okay? I don’t know if you know that you’re just starting to get, you built the nation, we all built it”–Donald J. Trump. Comments deleted due to &%$@#!? problems.
On June 18, 2020 at 10:08 am, Herschel Smith said:
@Gringo,
I don’t take orders from you on what interests me, nor do my readers.
On June 18, 2020 at 12:50 pm, mtnforge said:
“If the government is going to make of you a criminal, be the best one you can be.”
– Mike Vanderboegh’s, aka the Dutchman6, Son.
-from: https://www.blogger.com/profile/09935420042995679958
On June 18, 2020 at 7:41 pm, Nathan Hockett said:
So…..they’re legal to buy right now and have been. Maybe a review of the Constitution Article 1, Section 10-No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
An ex post facto law is what they’re trying to do…sort of….except just making shit up…er uh rules I mean. Also the Miranda court also ruled in 1966…..“Where Rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” — Miranda v. Arizona 384 U.S. 436 p.491 (1966) Or how bout…“An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” –Norton v. Shelby County, 118 U.S. 425 p.442 (1886)
You see gov really has not authority under these Constitutions to ban any firearms or really any thing except behavior from one person that harms another person. In WA State where I live there is also Article 1, section 23 of the State Constitution-SECTION 23 BILL OF ATTAINDER, EX POST FACTO LAW, ETC. No bill of attainder, ex post facto law, or law impairing the obligations of contracts shall ever be passed.
SECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.
And then back to the 2A. All are Supreme law. Says so in the Federal Constitution Article 6, sec 2 and section 3 requires an Oath from all the Electards. I say…..tell em TGF’d and fight em enmasse if they think they wanna take em. Are you willing to defend your Rights and even pink mist the bastards? Or just hand em over while you’re bending over for them. They won’t give you the courtesy of a reach around either. And if enforced upon are you willing to come together and bring a recompense to the ones involved? I mean if they act outside their Oaths and the limitations placed on team gov then they act illegitimately and therefore have NO authority to enforce to begin with. But hey too many people worship them. Bad move in my opinion. It only goes to their heads and encourages bad behavior. Just saying.
On June 18, 2020 at 9:57 pm, Randolph Scott said:
““AfricanAmericans built this nation. ”
There are no African Americans in America. There are Black Americans.