FPC Submits Pre-Litigation Request to DOJ, ATF in Q Honey Badger SBR Determination to Protect Gun Owners

Q honey badger sb tactical

Q Honey Badger pistol with SB Tactical pistol stabilizing brace (Jeremy S. for TTAG)

From the Firearms Policy Coalition:

Firearms Policy Coalition (FPC) has submitted a formal request to U.S. Attorney General William Barr, the U.S. Department of Justice, Acting Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Regina Lombardo, and ATF Deputy Director Marvin Richardson seeking reversal of the agency’s latest action against the Q, LLC’s (Q) Honey Badger Pistol. A copy of the letter can be viewed at FPClaw.org.

In FPC’s letter, attorney and FPC Director of Legal Strategy Adam Kraut recounted that ATF previously had approved a brace that “for all material purposes, is identical to the one affixed to the Honey Badger.” The letter went on to say that “ATF’s prior determination held that if an end user opted to utilize the product outside the bounds of the original intent, it was they who purportedly made an SBR, not the original manufacturer of the firearm.”

FPC’s correspondence states that nowhere in ATF’s ‘“mini-rulemaking” cease and desist demand does the agency explain the Firearm and Ammunition Technology Division (FATD)’s rationale as to why it believes the firearm is “designed and intended to be fired from the shoulder.” In fact, FPC’s request explains, the ATF’s letter “is silent as to anything other than a bare assertion akin to ‘it is true because we say so’. Such flimsy reasoning cannot support the expansive and dangerous new policy that is apparently now being enforced against Q and by extension, Honey Badger owners.”

“The Boston Field Division’s and FATD’s most recent actions in the instant matter once again highlight one of the ever-present reasons for the public’s sincere distrust of ATF: It operates without consistency, except as to its consistent operation outside of the law and without regard to the constitutional rights of American gun owners and taxpayers. Thus, members and supporters of FPC, and the public at large, are left chasing dragons in their good faith efforts to maintain compliance with the laws and avoid the pain of significant criminal liability and fines,” said Kraut in the FPC letter.

“Attorney General Barr, DOJ, and ATF should take immediate steps to correct their errors and withdraw the Q cease and desist,” commented Kraut. “But as we said in our letter request,  FPC will take any action that is necessary and appropriate to protect the interest of our members, our supporters, and the public from a rogue executive branch agency.”

 

Firearms Policy Coalition (www.firearmspolicy.org) is a 501(c)4 grassroots nonprofit organization. FPC’s mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom.

comments

  1. avatar James Campbell says:

    I wonder what whiner49er thinks about this, asked NOBODY….. EVER!
    Trump/Pence 2020 sub-slugs.
    Dance trolls. That’s an order!

    1. avatar I Haz A Question says:

      Hey, that’s Geoff’s line…

      1. avatar James Campbell says:

        Hahaha, I like it. I think he has an “I command you” on his. Mine’s a variation on Geoffs’ theme.
        BLM……. Brilliant Leadership Matters!
        Say their names TROLLS, Trump/Pence 2020!

    2. avatar PwrScourge says:

      I kinda miss Pwrserge myself

      1. avatar Miner49er says:

        Me too…

  2. avatar I Haz A Question says:

    “…nowhere in ATF’s ‘mini-rulemaking’ cease and desist demand does the agency explain the Firearm and Ammunition Technology Division (FATD)’s rationale as to why it believes the firearm is ‘designed and intended to be fired from the shoulder.’…”

    Mebbe because 99.9% of all photos posted by companies, reviewers, bloggers, and consumers show them being shouldered, thereby giving the ATF arguably sufficient ammo to make their point?

    We just knew this was going to become an issue at some point.

    Just sunset the NFA already. The arguments given to establish it 75 years ago don’t really apply so easily today.

    1. avatar James Campbell says:

      Make sure to vote like we need more SC judges who believe what the Constitution ACTUALLY states. That ain’t a vote joe/hoe 2020.
      It’s a vote for……………….. wait for it …………………Trump/Pence 2020!
      BLM, say their names!

      1. avatar I Haz A Question says:

        Methinks ‘ol JC found the good sour mash hidden in the back of the cubby. Sounds a bit different today.

        1. avatar James Campbell says:

          Just feeling great.
          Watched that debate last night. Anyone with a brain stem can only come to one conclusion, it’s a cakewalk for 4 more years of Trump.
          Trump/Pence 2020…. Say it with me now, Trump/Pence 2020……. All the anti-gun TTAG trolls now, Trump/Pence 2020……. All the leftard cut and paste shills (like whiner49er), Trump/Pence 2020……..
          No need for drugs or alcohol when it becomes clear that dimocraps have no mojo.
          Did I mention? Trump/Pence 2020?

        2. avatar Miner49er says:

          I especially like the part where Beelzebub sent one of his minions to anoint the head of his disciple Mike Pence as a sign of his approval.

      2. avatar Your Sponsor says:

        You’re supposed to call me BEFORE you take that orar drink or drug. Sheesh!

      3. avatar Paul says:

        Sorry, JC, I don’t see a “cakewalk”. For you, for me, for most gunowners, yeah. Unfortunately, there are millions of Americans who are drunk on the Dem Kook-Aid. Hmmm – misspelled Kool-Aid, but I’ll leave it as is.

        I’m more anxious over this election than I have ever been over any election. If the Dems take the White House, and worse, the Senate, we’re all screwed. I wish George Soros and a half dozen other billionaires would all simultaneous strokes and massive coronaries.

        1. To me, Soros looks like he is dead allready, but just doesn’t know it.

  3. avatar Vic Nighthorse says:

    The only person I remember using the brace as a brace in their reviews was Jeremy S. Most everyone else flaunted shouldering it as if the BATF was no longer dangerous and arbitrary.

  4. avatar Bman says:

    My surprised face, looking surprised!!!

  5. avatar Mike says:

    Change the minimum length of rifle barrels to 7 1/2 inches.

  6. avatar dwb says:

    This lawsuit will inevitably result in the ATF winning, which will not only ruin it for Honey badger owners, but the rest of us.

    so, no.

    And please don’t tell me how Amy Barrett will save us from the bump stock and imminent pistol brace ban. The Roberts court simply does not like guns.

    1. avatar Cale15 says:

      You mean just like how Trump was supposed to protect our 2A but all these cucks keep saying how great of a 2A president he is?

      1. avatar possum says:

        I’m flopping like a carp on a gravel bar, just when I decide to vote for one or the other they fck up and say something. I do remember Trump saying your two a rights are safe with me then signing bumpstock ban. ??? Biden says I’m for America, assault anything is a No,shotgunms is what you get.???

      2. avatar Accur81 says:

        I straight up guarantee Trump is 100% better than the Harris / Biden ticket.

    2. avatar Green Mtn. Boy says:

      One couldn’t say that at least by FPC’s win column,they play the game smarter than Negoatiting Rights Away does.

  7. avatar d says:

    The latest, previous, most recent, current and last ruling from the ATF was that shouldering pistol braces was NOT considered a redesign and was acceptable unless the design was changed

  8. avatar ChoseDeath says:

    The fact we even have to have this conversation is ridiculous. We really, REALLY need the NFA and all its addendums gone. We have too many laws period, but the gun control ones are superfluous to the extreme. 22,000 or so? Fucking ridiculous.

    1. avatar enuf says:

      To solve this problem we need two things.
      1. Confirm the Federalists Society’s nominee to the Supreme Court (Amy Coney Barrett).
      2. Dump Trump at the polls.

      Do those two things and we both save the Republic from the traitor in the White House and neuter Biden on the Second Amendment, along with set up the NFA for a hard fall under Strict Scrutiny.

      Woo Hoo! 🙂

      1. avatar BOBO says:

        only one problem with your ‘plan’

        joe and the HO plan on packing the court with maybe 15 more seats and there goes your plan to sh—–its vill

      2. avatar Ing says:

        You forgot step 3: Hope to hell the rest of America returns enough Republicans to the Senate.

        Also, step 4: Hope they do it again in 2022.

        Also, step 5: Spend several years after the Harris/Biden presidency trying to counter the executive orders they’ll leave behind and fighting the seditious moles they’ll have embedded in the massive federal administrative apparatus.

        I’d prefer to keep America treading water in one simple step: REELECT DONALD TRUMP. He’ll be a backstop against the legislative insanity that would ensue if Democrats control Congress, and might also have the chance to appoint *another* originalist judge to the Supreme Court.

      3. avatar Cloud says:

        You’re a moron if you think getting rid of trump in favor of that walking corpse will save the second amendment.

  9. avatar sound awake says:

    i dont know what they were selling for before but theyre up to 3-4k on gunbroker now

  10. avatar UTME says:

    Why would anyone think this pistol with brace could be shouldered like a SBR?

    1. avatar Brace For It says:

      UTME URRITE
      No idea at all how anyone could have ever gotten the strange notion to shoulder this thing. In fact, I cannot recall many images of anyone using a pistol brace as a brace. BTW WTF are those goofy Velcro straps for anyway?

  11. avatar possum says:

    I think I’ll join the NRA.

    Alfred E Newman 2020

  12. avatar Anton Solomyr says:

    Voting for liberty only goes so far. Living it and keeping it integral in our culture is vital. It has waned over the past few decades.

  13. avatar Best State (Ohio Shape) says:

    I can only imagine how many ATF agents decide to join. One morning, they wake up, and they almost trip over their dog. After kicking the dog across the room in a fit of rage, they look at themselves in the mirror and say, “I’m going to be a revenue agent! I want to enforce arbitrary taxation upon the rights of individual Americans! That’s my calling! Joining in the international illicit arms trade sounds like fun, too!”

    And then they shoot their dog 30 times, swearing a vow of hatred towards canines as well as people who slightly adjust their firearms to fit them better, forever.

    How anyone can be in the ATF and consider themselves a good and freedom-loving person is the pinnacle of cognitive dissonance. I’m sure plenty are sociopathic, as well as psychopathic though, and don’t care how they’re viewed by others.

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