It’s not certain what a court faithful to the law can do to block the proposed rule on stabilizing braces, short of striking down the NFA on the grounds that its per-firearm $200 tax in 1934 (nearly $4,000 today) was intended to be prohibitive, thus is patently a violation of the right to keep and bear arms.
However, were the Supreme Court to take one or more cases challenging statewide “assault weapon” bans, it could jettison Heller’s “common use” standard on the grounds that it has no basis in the Second Amendment’s legislative history, is at odds with the amendment’s goal, and is based upon a mischaracterization of Miller and the antecedent to modern brandishing laws.
It could also find that SBRs, commonly used for military purposes since at least the Vietnam War, are “ordinary military equipment” the use of which “could contribute to the common defense,” per Miller. Whether the present court has the courage to do so, only time will tell.
— Mark Overstreet in Biden Is Cracking Down On Guns Again With AR-15 Pistol Ban, And He’s Using Heller To Do It
