NRA on Updates to ATF Final Rule on Stabilizing Braces
BY Herschel Smith
1 year, 10 months ago
I don’t usually link to NRA articles anymore, mainly just their firearms news. However, this was interesting and informative.
First, at the Shooting, Hunting, Outdoor Trade Show, ATF confirmed that braces that are removed from firearms do not necessarily have to be destroyed or altered in a way that prevents them from being reattached to a firearm. While the rule claims that destruction or alteration is required for owners who choose the option of simply removing the brace from their firearm, that requirement would be contrary to the Supreme Court’s decision in United States v. Thompson/Center Arms Co.
Under Thompson/Center, possession of a firearm and parts that can only be assembled into an NFA “firearm” constitutes possession of an NFA firearm. But, if the parts can be assembled into multiple lawful configurations, then the parts are not considered an NFA firearm (unless an unlawful configuration is actually assembled).
This should mean that a person who possesses an AR-15 pistol with a stabilizing brace and also possesses a 16-inch barreled upper receiver and/or a registered NFA lower should be able to keep the brace without destroying it or altering it. But, a person who only possesses a pistol with a stabilizing brace may have to dispose of or alter the brace to avoid creating an NFA firearm (in ATF’s view).
Other than making remarks to its own readership, I don’t know what – if anything – the NRA is doing about all of this except buying Wayne new suits.
On February 2, 2023 at 10:30 am, PGF said:
So the NRA isn’t filing a lawsuit defending our firearms rights? Shocking. /sarc
On February 2, 2023 at 2:51 pm, Frank Clarke said:
@PGF: Why would Not Relevant Anymore file suit opposing the NFA? They wrote it!
On February 3, 2023 at 7:30 pm, Steady Steve said:
More advice from the most useless ” gun rights” group in America. The fact that they chose to defend indefensible behavior by their top exec and board made me determined never to support them again. If the Fudd’s would drop their support the organization would die.
On February 6, 2023 at 6:01 pm, Georg Felis said:
The ATF is setting up selective prosecution traps. They’ll ignore ten thousand of these, but if they find somebody they want to put into prison forever…