Pistol arm stabilizing brace
(Travis Pike For TTAG)
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From the Second Amendment Foundation . . .

Nine months after the Second Amendment Foundation sued the Department of Justice and Bureau of Alcohol, Tobacco, Firearms and Explosives in federal court over ATF’s flip on how it regulates stabilizing braces on pistols, the DOJ and SAF jointly asked for a continuation of a stay in the legal action to allow processing of more than 211,000 public comments on a proposed rule on “Factoring Criteria for Firearms with Attached Stabilizing Braces.”

The process is expected to require more than four months.

Under the original proposal, guns with stabilizing braces would suddenly be regulated under the National Firearms Act the same as short-barreled rifles. That would require a special license and $200 fee for each firearm fitted with a brace. Without the special license and fee, guns fitted with the stabilizing braces would be illegal to own.

Back on May 4, the court granted an agreed motion for a stay, which was extended on June 15, after the defendants published the proposed rule in the Federal Register seeking public comment. The comment period was 90 days, during which time the agency was flooded with comments.

According to a Joint Status Report filed with the court, it will take more than 120 days for the DOJ to process all the responses. All parties agreed to the delay, according to SAF and have requested that they be allowed to file another Joint Status Report on or before Jan. 19, 2022.

“Depending upon the DOJ’s final ruling,” said SAF founder and Executive Vice President Alan Gottlieb, “SAF reserves the right to amend the court filing to include provisions of the new rule.”

Joining in the SAF lawsuit were Rainier Arms, LLC and two disabled private citizens, Samuel Walley and William Green.

In addition to DOJ and ATF, the lawsuit also named acting ATF Director Regina Lombardo and Acting Attorney General Jeffrey Rosen, in their official capacities. The lawsuit was filed in U.S. District Court for the Northern District of Texas, Dallas Division. The case is known as SAF et. al. v. BATFE, et. al.

When SAF filed the lawsuit, Gottlieb acknowledged, “There are several issues at play in this case. It concerns the failure of the agencies and its officials to abide by long-established and Congressionally-mandated rulemaking requirements, threatening rights protected by the Second Amendment. Another issue is the question whether the Executive Branch has the authority to re-define stabilizing braces without approval of Congress. This is especially important to disabled persons because these devices were originally developed to benefit shooters with physical disabilities.”

However, stabilizing braces are now used by people with and without disabilities and more than 2 million have been sold, the lawsuit estimated.

In late August, SAF reminded gun owners about the original Sept. 8 deadline for comments. At the time, Gottlieb warned, “ATF wants to reclassify millions of stabilizing brace-equipped pistols by making them subject to the National Firearms Act. If that happens, current owners of such pistols would need to register their guns and pay a $200 tax on each one, or turn it in to the ATF, or take one of several other undesirable options.”

 

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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35 COMMENTS

    • All I need to do is point to the Mensa Society or the U.S. Olympic Athlete organizations to illustrate that I am “challenged” compared to other Americans. If they have heightened ability, then I have a “disability” because I don’t qualify for inclusion in their orgs. Do I get to keep my brace now?

      • You don’t need to go that far to show you’re “challenged”.

        Just show them you’re a grown man with an emoji as an avatar.

        • “Just show them you’re a grown man with an emoji as an avatar.”

          Seriously?

          That’s your attempt at a cheap shot?

          The quality level of the trolls in TTAG sure has taken a serious dive recently.

          ‘ok whatever’ is an apt name for your sub-standard efforts… 😉

  1. To bad the actual number is way lower since most people just copied and pasted pre made messages. I was able to get in my comment a couple hours before the deadline. Was sure to make the comment myself with actual arguments. Not the cookie cutter templates that makes up the overwhelming majority of those comments. Does not matter if there are over 200,000 comments if 150,000 are the same 4 or 5 over and over and another 30,000 or so are just rants and insults.

  2. See! I keep telling all the useful idiots i distastefully must engage in conversation in an ongoing business capacity who are so brainwashed as to say bullshit like ‘aw I don’t vote because they’re all liars and my one vote doesn’t count for anything anyway’ s, that their singular, insignificant, minuscule efforts like voting or calling or emailing your representatives and supporting legal actions to RE-enforce and emphasize our American status-quo of being completely ‘In Charge’ of our government does definately really bring fruition sooner or later if we simply relentlessly keep up the momentum. This is the way our visionaary Framers set it up to be. No violence, No Molon Labe Bullshit unless ‘they’ start it first and cause it, Just give them an ‘official People Power’ order to cease and desist their unconstitutionally illegal behavior or face the consequences of being fired, and potential criminal charges. PERIOD!
    It’s your right and duty in the preservation of your Liberties to become pro-active against totalitarian dictatorship when the need arises.

    We should really ‘teach ’em a lesson’ during the 90 day interim delay by getting a class action going to immediately ‘stay’ the enforcement of the entire NFA act while we move to repeal it?

    Bureaucratic Dictatorship has got to go, Joe!

      • I thought it to be a display of energy with truth to it and potential in the long run providing the writer is not discouraged by…

      • Regardless I am sure you got the jist of what he was saying. That’s more important than whether or not he was an English major in College.

      • Okay there ‘I Haz’…, Looks like a 6th-grade reading comprehension level of writing isn’t low enough for your ability to grasp coherency out of my comment so thanks for the critique. I apologize. I didn’t previously notice the sub-level of moronic trolling you were at? Oops! There I go typing poor English again by ending my sentence with a preposition. Allow me to correct it. ‘I didn’t previously notice the sub-level of moronic trolling you were at, ASSFUCK!’

  3. why?

    So that can ignore them an create out of whole cloth whatever interpretation they feel most benefits the Biden Administration?

  4. After Jim Crow Gun Control joe left stockpiles of US Munitions in the hands of taliban terrorist/butchers the ATF brass behind ignoring criminals and targeting the law abiding can go pound sand. I also find the request not to be made a criminal over a silly brace being based on the handicapped equally disgusting.

    Anyone who assumes what was done to Afghanistan men, women and children won’t happen to you and yours under the current administration has their head up their behind.

    Such ATF may-I-crap that you can have a 16″ barrel but you cannot have a 14.5″ barrel without welding something on it make it 16″ is as nutty as it sounds. With such stupidity everyone should be required to weld something 13″ long on a sub compact. Defund the ATF brass and their busy body pantie waist Jim Crow KKK, Nazi based Gun Control vomit.

  5. My advice to everyone owning a brace is to simply ignore any restrictions they place on having them particularly if you bought them legally before any new rules come out. Make it as hard as possible for them to enforce it and if they come to your home to take them, just shoot them. After enough of them got shot they will stop.

    • dprato, You’re actually correct about the situational perception here. Many ‘Molon Labe’ people think like that. As to the reality of it happening…there’s no doubt in my mind that some will Never go passively into compliance and will only go ‘quietly into the night…to outflank ’em for an ambush for as much attrition as possible before it’s all over with. I hope that doesn’t happen. There’s really no need for it now as American Big Dawg gun owning population momentum kicks in to demonstrate who is really calling the shots.

      The police state agencies are dirty and tyrannical in their agenda but they’re not complete imbeciles. They don’t need bad publicity in the form of another Ruby Ridge, Waco, or Finnicum/Malhur(sp) Wildlife refuge protest debacle. Remember, their justification for social disarmament is to ‘prevent violence’ not cause it. That’s why they’re cooling out a little on the super aggressive MilSpec take-no-live prisoner Swat raids lately–or at least keeping them out of the media–because of the tendency for them to ‘go bad’ too many times.

      So all it would take is one viral incident of some ‘agency’ raiding a home for a non-gun 80% receiver bought legally with no restrictions or one of those triggers now decreed by fiat mandate to be a MG where the inhabitants happened to be experienced and trained ex-military combat people who simply righteously ‘defended’ themselves against an unknown assailant doing an Unconstitutional home invasion for no ‘valid’ reason and that would be the beginning of the End for their disarmament propaganda agenda, especially if one of the ‘victims’ was a disabled veteran or a minor. They can’t risk any blatant ‘Jim Crow Uncle Joe’ moves in the current emotional political climate of the average American citizen. They have to do it by making many illegal laws or quasi-legal Rules or Administrative mandates like they try to Unconstitutionally do with masks and orders and everything else to make our lives miserable until we give up and surrender to State Ownership.

      So there won’t be any wholesale confiscation ‘raids’ before they get away with the final ‘authorization of their unconstitutional Fiat mandates sanctioned by this new Communist Totalitarian minded administration. And it already looks like that’s not going well for them. There are enough legal challenges starting against ‘Them’ to preclude any outright Nazi style mass physical disarmament. And besides…

      dprato is also right about the idea of ‘Non-Compliance’. In fact, there is well-established precedent Case Law on this:

      “ALL LAWs which are repugnant to the Constitution are Null and void.” Marbury v. Madison, 5 US (2 Craneh) 137, 174 176, (1803)

      “Where rights secured by the Constitution are involved, there can be NO Rule Making or Legislation which would abrogate them.” Miranda V. Arizona. 384 US 436 p.491

      “An Unconstitutional law is NOT law. it confers No rights; 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 US 425 p.442

      The general rule here is that an Unconstitutional Statute, though having the form and colour of law, is in reality NO Law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment and securely from the date of the decision so branding it. “No one is bound to obey Unconstitutional law, and no courts are bound to enforce.”

      Because these cases were settled a long time ago, most of us today don’t know about them.
      And ‘They’ like to keep it like that.

      Similarly with the second Amendment. The interpretation of ‘Shall NOT be infringed’ has enough precedent case law ALREADY established to guarantee private unrestricted firearms ownership by continuous already Established precedent, as just shown above, except when it’s being illegally Violated by the corrupted criminal elements of government making Unconstitutional laws to attempt to continue to abrogate our rights?

      And then we try to ‘challenge’ the same thing over and over again in a circle jerk that they gotta be getting huge hoots over at their little members-only Marxist cocktail clubs.

      So how do they keep getting away with this obfuscated dilatory re-direct tactic? How did we get to where we even should be wasting our time cooperating with these stupid ATF rulemaking hearings that are already fucking illegal under Marburry and Miranda and other decisions?

      Because they also conveniently hide the fact that there is a criminal punishment for making and attempting to make Unconstitutional laws or mandates under 18-USCC-241-242. A serious Deprivation of Rights Felony.

      Why are ‘They’ NOT being publically perp-walked under this criminal statute? Well again, ignorance is bliss, not only for the useful idiots, but for the happiness and power begotten to the totalitarian controllers who keep everybody happily dumbed down. Again most people don’t know that a prosecutor can indict someone for conspiring to (by making a law) to deprive a person of their rights. That’s if the prosecutor ‘wants to’. Which depends on your political points of view and loyalty morals. Which the deep state had kept secretly in plain sight well under their ‘control’ for many decades.

      Well, That all might be coming to an end soon, if we keep up the pressure momentum like we did here with this illegal ATF rule making bullshit. (I wrote a serious question on the efficacy of the ‘Readily Convertible’ aspect of firearm qualification definitions), so join pro-gun activist groups, Sherrif Mack’s Constitutional Sherrif movement, Sanctuary 2nd/A states, and so on. Keep on fighting. We can’t get complacent.

      Because just recently they fired and indicted a prosecutor on a big case where the two racist killers in their truck ran down and gunned down in cold blood a poor unarmed jogger down south. Apparently she refused to prosecute the killers because one was an insider cop buddy or some similar ‘ol boy’ shit. It was just briefly in the news so I didn’t catch the actual criminal charge, but it was punishment for NOT doing her job as a prosecutor.

      AND, They didn’t hesitate to indict the Floyd cops for 18- USC 241-242 even after one was already found guilty of Murder for depriving Floyd of his rights. But of course, that was politically motivated ‘justice’. When have you ever heard of THAT before?

      So you KNOW there really isn’t any such bullshit like “Qualified Immunity” for rights deprivation violations by law enforcement agencies if they want to enforce them?

      I’ve got a feeling this Commie administration opened a can of snakes on themselves that’s about to get going around to come around and bite their own balls off sooner, rather than later.

      It could happen in time for next years midterm elections?!

  6. Just to buy time to pack the mailbags with notes saying the people support the anti gun propaganda. WE know the NWO has a stranglehold on the government.

  7. It took 80,000 comments about green-tip ammo to get them to back off last time, so if they don’t on this one, the bias is obvious…

  8. If the original intent of braces was for disabled persons then how about a doctors scrip says to use if needed to aid accuracy.
    Then a lawsuit under disability act.

  9. And the BATFE says, ” Gee we only managed to piss 200,000 off, with all the gunms hid behind tuna I’d have thought we could have did better, right Chip?”

  10. Lets cut thru all the fear mongering. All you have to do is remove the brace. I read nothing that forces you to do more than that. No brace, compliant.

    How we got here was trusting the ATF to do nothing. Since when? In a massively corrupt adminstration with the worst of the worst in control?

    Every generation has to learn their lesson, we should work to removing the 34 NFA, not ignore the entire cause of the problem.

    THE PROBLEM IS THE 1934 NFA. WHY IS IT BEING IGNORED?

    • Because we’ve been systematically brainwashed/trained to ignore it slowly but surely over decades. Read my detailed explanation above.

    • That’s the convoluted mind-fuck trick they work on us. We knee jerk with lengthy, costly litigation instead of legally and swiftly locking them up for criminal charges under 18-USCC 241-242!

  11. Never understood the reasoning of the gun grabbers. Nothing on the books today, nor, anything being proposed will ever prevent someone from either getting a firearm or from committing a crime. Fact is, prohibition just make people want something more. Forbidden fruit.
    The Second Amendment states the right to keep and bear arms shall not be infringed. Not arms we approve, or you get what the government allows. If you have the money, buy an atom bomb for all I care. But, understand misuse, or criminal use will be prosecuted.
    Gun control or regulation beyond quality/safety issues has nothing to do with the gun grabbers claims of reducing crime or public safety. but everything to do with control.

    • They don’t care anyway. Just wanna feel powerful and in control. If they actually cared they would clean up the streets one way or another and deport the crap out of a lot of trouble makers and ROs. Instead they go after the best people who deserve to be left alone because it makes the alphabet bois feel stronk.

  12. 211,000 comments sounds like a lot, but after reading some of them I saw that they were not all against the proposed rule. Everytown, Moms Demand Action, and other Anti 2A groups were busily submitting comments themselves. I saw many comments that were submitted anonymously, so those are automatically tossed. There were many cut and paste comments from both sides.

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