sb tactical stabilizing brace
Courtesy SB Tactical
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From SB Tactical . . .

SB Tactical, in conjunction with the Firearms Regulatory Accountability Coalition (FRAC), B&T USA, Rick Cicero, and a massive coalition of states, has filed a lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) challenging the legality of a federal rule that reverses a decade of relied upon agency precedent and retroactively bans or forces the registration of millions of pistols equipped with stabilizing braces, contrary to federal statutes enacted by Congress. 

“Under the guise of ‘public safety,’ the ATF has placed millions of law-abiding firearm owners in legal jeopardy,” said Jeff Creamer, president and CEO of SB Tactical. “It’s a gross overreach of the Bureau’s authority and, if allowed to stand, will result in the largest gun registration scheme in U.S. history.”

FRAC, as lead plaintiff, filed the litigation in the U.S. District Court for the District of North Dakota. A coalition of 25 states, led by West Virginia Attorney General Patrick Morrisey and North Dakota Attorney General Drew Wrigley, have also echoed the demands for accountability by joining this litigation against the ATF.

“As we’ve seen with similar cases like Cargill v. Garland, wherein FRAC, SB Tactical, and B&T USA all appeared as amici curiae, the 5th Circuit Court of Appeals held that such regulatory overreaches are not within the ATF’s authority,” said Travis White, president and CEO of FRAC. “We feel that there is a positive trend towards regulatory accountability in the Courts, and we are confident that the Courts will continue to hold the ATF accountable for their pattern of regulatory overreach and ever-shifting positions.” 

In addition to encouraging all manufacturers who are frustrated by the ATF’s arbitrary and capricious approach to regulation to join FRAC, SB Tactical would also like to sincerely thank the National Rifle Association (NRA) for their tremendous support and assistance with this litigation. 

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  1. Wake me up when they bring a lawsuit to either nerf the NFA or at least remove suppressors and/or short barrel rifle/shotguns.
    We wouldn’t need these things if the NFA didn’t exist- nothing to work around if there’s nothing TO work around.

    • I will not be satisfied until each and every infringing law is overturned, permanently. Thomas and his Bruen fellows missed the perfect opportunity to simply dissolve them all.

      • That is a frustrating thing about the Supreme Court. They only rule on very specific points of law, making decisions as narrow in scope as possible.

        Yeah, I would love to see them rule that most state laws are unconstitutional, and that cities cannot make their own laws. In effect, the law in every state should preempt any local laws.

        Supreme Court needs to cite “shall not be infringed”, and strike down a few hundred laws in one stroke.

    • SB Tactical has a financial interest in keeping the previous status quo. If the NFA didn’t exist, they wouldn’t have been selling many braces. Fighting for the right to keep using braces is silly. The mother may I permission requirement needs to end.

    • You mean when you can order your F16 fighter jet online and every single piece of paper or hard drive used for any kind of gun registration has been burned?

    • I was wondering if anyone can give me some insight on autosears here in MN. My son had his permit to carry and a license gun owner who enjoyed going to the gun range. However, April of 2022 he had a few autosears in his possession he has since been sentenced has never been in any trouble was working a federal job.
      U.S. Attorney Announces New Federal Violent Crime Strategy
      MINNEAPOLIS – U.S. Attorney Andrew Luger, along with federal, state, and local law enforcement partners, today announced a new federal strategy to address violent crime in the Twin Cities metro area.

      “Violent crime is at an all-time high in the Twin Cities. We have before us an urgent task. Every Minnesotan deserves the right to live safely and securely, without fear of shootings, car jackings, and violence,” said U.S. Attorney Luger. “This new strategy is designed to bring swift justice to our communities and to the victims of violent crimes. But it is also designed as a signal to violent offenders to stop. This violence cannot continue – it is causing far too much fear, too much pain and too much heartbreak for families and our community.”

      The federal violent crime strategy announced today establishes expanded capacity within the U.S. Attorney’s Office to prosecute violent crime cases. Every federal prosecutor in the office will now take on violent crime cases. The U.S. Attorney’s Office will also be hiring additional prosecutors to assist in these efforts. With this expanded capacity, the office will prioritize the intake of all adult federal carjacking cases; cases involving the illegal possession of firearms and/or ammunition; firearms trafficking cases; straw purchasing cases; as well as cases involving the illegal possession of auto sears and ghost guns. Finally, U.S. Attorney Luger has created a new gang prosecution team that will work directly with law enforcement in addressing the gang violence that is plaguing the metro.

      ATF Special Agent in Charge William J. McCrary stated, “I can say without a doubt that our agents are ready and enthused about working alongside U.S. Attorney Luger and his team on this violent crime initiative. We have already identified numerous violent offenders throughout the Twin Cities and other key areas in Minnesota. We are hot on the trails of many individuals who have done violence and those who arm them- who deal in the illegal firearms trade.”

      “I commend U.S. Attorney Luger for his renewed focus and priority on violent crime. The FBI is specifically leveraging its Violent Crimes Task Force and its Safe Streets Task Force in the fight against violent crimes and criminal gang activity,” said FBI Special Agent in Charge Michael Paul. “To those who are committing these senseless act of violence, we will find you, we will take you off the street and you will be held accountable.”

      “The Minnesota Bureau of Criminal Apprehension has implemented a targeted BCA team of special agents and analysts who are pursuing known suspects in homicides and gun-related crimes, carjackings, aggravated assaults, and felony warrants related to violent crimes. The BCA has also dedicated forensic laboratory resources to complete violent crime evidence testing faster. This brings the full weight of the BCA’s analytical and investigative toolset to data-driven investigations so that we can quickly find and apprehend suspects,” said BCA Deputy Superintendent of Investigations Scott Mueller. “We appreciate U.S. Attorney Luger’s leadership with this work and the partnership of many federal, state, and local law enforcement partners.”

      U.S. Attorney Luger announced several recently unsealed cases: He did not have a shot gun of any kind and completely complied. I have been looking into the BRUEN CASE , this will take some time he has months however, I want to know with all the changes taking place with hun laws how can I his mother help him get his life back? Please I am pleading for help the ATF AND THEIR TACTICS TO DESTROY THE SECOND Amendment has to be stopped!!!!!

    • Continuation to what I posted Jamie

      Minneapolis, has been charged in a federal criminal complaint with possession of a machine gun. According to court documents, on February 17, 2022, law enforcement agents intercepted a package sent from China that contained pieces of 21 Glock switches or auto sears. Agents also found that Bell had received four previous shipments from the same company in China over a two-month timeframe. Bell was later found in possession of a handgun outfitted with an auto sear, 70 rounds of ammunition, and seven additional auto sears. This case is the result of an investigation conducted by Homeland Security Investigations, CBP, ATF, and the Blaine Police Department.

  2. The way this was explained to me is this :

    Suppose for a minuet we can get that federal over-reach stopped in its tracks, using the logic of regulatory over-reach. (Thomas has expressed interest in doing just that, if such a case hits the SCotUS in-basket with the current bench make-up).

    There will be *nothing* stopping a Leftist Scum ™ future administration from passing and signing a federal law (not a BATF interpretation, a *Law*) adding braces to the NFA. Or, for that matter, they could put magazine-fed semi-auto rifles onto the NFA as well.

    The point being, the ‘Heller’ and ‘Bruen’ SCotUS decisions are safe only as long as we can stop them. The next time they score an election trifecta like Obama had to ram his healthcare bullshit into law, they can start grabbing guns.

    Does anyone seriously believe that we will always be able to stop them? 🙁

    • When it comes to defining Gun Control by its confirmed history of rot there is no We and that makes your prediction viable.

    • “Cold dead hand.”

      Government jack-booted thug ‘No-Knock Team’ : “Challenge accepted!”. 🙁

      • And let’s be realistic. If the government ever really wanted to “come take them” they wouldn’t come to your house where you could make a stand, they’d intercept you at work or in your travels, and clean out your house while they held you for 72 hour observation. Then you could try to take it to the courts and get your stuff back in a decade.

        • Just like they could have picked up Weaver or Koresh while they were out and about?

          The feds make really stupid decisions all the time. Sometimes accidentally stupid, sometimes intentionally stupid but always stupid.

        • ‘They’ could also have shot a balloon down over the Aleutian Islands (or Montana/Wyoming) but CHOSE to let it go all the way across the country before engaging. The problem almost always lies with the ‘decision-makers’ and their desire to wait-and-see or get sucked into the paralysis-by-analysis void.

        • Shire part of that was ATF trying for something big and flashy to justify their budget (existence) the other part was their initial entry team getting humiliated and being allowed to leave after the failure. Money and pride do wonders with motivating bad behavior. With that said a few publicized examples like you have in mind followed by a lot of quiet and efficient arrests at work/shopping/etc would probably be the idea.

        • Probably not even that. Probably just freeze your bank and credit accounts. Why expend the resources when they can just bring you to your knees with a few key strokes?

  3. Since the whole pistol brace thing has been in the news, I have had opportunities to engage in conversations with several people about the silliness of ATF rules. Some of these people were gun-grabber types while some were just uninformed/uninterested. Almost to a person, when I explain, in the necessarily excruciating detail, how the ATF defines a pistol, a rifle, a stocked pistol, a pistol stabilizing brace, a short barreled rifle, a short barreled shotgun and an AOW, and the corresponding regulations attached to some, but not all, of these categories, the response has been, “Well, that’s stupid.” I agree, it is stupid but, further, I think it may be an arena in which there is ground to be gained with the antis. If even the pro gun-control group thinks something is stupid, when explained to them, maybe (big, huge, emphasis on the maybe) some of them can be educated about other stupid talking points. “Assault weapon,” anyone?

    • Just cut the chase and say History Confirms Gun Control in any shape, matter or form is rooted in Racism and Genocide. And because of those facts you do not want any part of it…End of conversation.

    • Getting to the point there is so much out there it’s more a census on citizens that have pattern recognition.

    • That’s the same lawsuit this post is about!

      There are at least three pending challenges to the pistol brace rule I know of:

      1. FPC’s challenge (in front of Reed O’Connor, NDTx)
      2. State of Texas (and others) challenge (before Drew Tipton, SDTx)
      3. The multistate challenge this post is about (before Daniel Hovland, DND)

      All three have been forum shopped to land in front of GOP-appointed district judges. The first two have the added advantage of the appeal going to the Fifth Circuit, which has already nuked the ATF’s bump stock ban.

      Betting window is open as to which one gets a TRO / preliminary injunction first . . . .

  4. instead of us always on the defensive trying to overturn some new bs fed scheme, let’s put an end to it once and for all. every politician has taken an oath to uphold the constitution, therefore every politician who has ever written, supported, voted for or signed into law ANY law that goes against the constitution (remember “shall not be infringed “) has committed treason. why don’t we just start arresting and charging them with treason?? the laws they have pushed are all the evidence needed for a conviction. once a few dozen of them swing from a rope or sit behind bars for the rest of their lives it would send a clear message no more BS. end of problem

  5. The great boogeyman of the Far Right is gun registration. In reality the Feds do not need registration to restrict or ban any weapon. If they do so on any particular type of weapon the person who owns one that is not registered could never use it in a self defense situation or sell it without the risk of going to prison and being fined heavily, and they could not take the chance on taking it to a shooting range to shoot it and they know they would be then banned from owning any weapon for life.

    • From NRA-ILA:

      “Gun registration and gun owner licensing wouldn’t prevent or solve crimes. Most people sent to prison for gun crimes acquire guns from theft, the black market, or acquaintances. (Bureau of Justice Statistics) Half of illegally trafficked firearms originate with straw purchasers who buy guns for criminals (ATF). Criminals wouldn’t register guns or get gun licenses.

      “Federal law prohibits a universal, national gun registry. Eight states prohibit state-level gun registries. Only Hawaii requires registration of all firearms, while only a few states require registration of certain firearms. Only three states (Ill., Mass., and N.J.) require a license for all guns. New York requires a license for handguns.

      “When the Brady Campaign, a gun control group, was known by one of its other names, it said that registration should be the final step before banning handguns.”

      dacian: do criminals follow the law? How does making more laws affect criminals?

      • to The Man with no sense

        Your diatribe did not refute anything that I just posted.

        And I should have added registration would dry up the vast sea of second hand gun sales immediately as few would then find their way into the black market. This is the way its done in civilized countries. Just try and buy a second hand gun with no paperwork in Europe and Asia. This is why you see the occasional nutcase make an attempt to build a single shot weapon. Good luck with trying to commit mass murder with that joke of a gun.

        • “Your diatribe did not refute anything that I just posted.”

          The facts that I posted certainly did blow your ill-conceived contentions clear out of the water, but you’re too dense to understand that.

          “… registration would dry up the vast sea of second hand gun sales immediately …”

          I’ll repeat; maybe this time it will sink into your thick skull:

          Most people sent to prison for gun crimes acquire guns from theft, the black market, or acquaintances. (Bureau of Justice Statistics) Half of illegally trafficked firearms originate with straw purchasers who buy guns for criminals (ATF). Criminals wouldn’t register guns or get gun licenses.

          Once again, I’ll repeat the questions that you apparently can’t understand well enough to attempt to answer:

          Do criminals follow the law? How does making more laws affect criminals?

        • How would registration stop people from stealing registered guns? How would it stop people from making straw purchases? Making a straw purchase is illegal already. Would you propose annual inspections of registered owners to verify that they still have the registered firearms? “If you have nothing to hide you have nothing to fear” kind of thing?

          If you talk about “drying up the vast sea” of firearms in private hands, you are talking about confiscation, even if you call it “voluntary” or a “buyback” in which people are threatened with criminal or civil penalties if they don’t turn them in. Registration would indeed facilitate that effort.

        • to the Man with no sense

          quote———–Do criminals follow the law? How does making more laws affect criminals?———quote

          Even a 4th grader can understand that when you have registration or even mandatory Universal Background checks that the vast sea of second hand guns would start to vastly dry up almost overnight. No law abiding citizen would risk selling his gun without the buyer going through a background check. It has been proven criminals buy second hand unvetted guns and not all of them are stolen either.

          As far a stolen guns that is where Safe Storage Laws come in because when you make it very difficult to break in and steal a gun the amount of stolen guns is reduced drastically.

          No l law is perfect but the Far Right has not solution, they only rant that they want to ignore the gun problem in the U.S. and hope it just goes away.

          Of course the demented paranoia of the Far Right prevents them from understanding the problem even on the 4th grade level.

        • “… when you have registration or even mandatory Universal Background checks that the vast sea of second hand guns would start to vastly dry up almost overnight.

          Federal law prohibits a universal, national gun registry.

          “No law abiding citizen would risk selling his gun without the buyer going through a background check. It has been proven criminals buy second hand unvetted guns and not all of them are stolen either.”

          Most people sent to prison for gun crimes acquire guns from theft, the black market, or acquaintances. (Bureau of Justice Statistics) HALF of illegally trafficked firearms originate with straw purchasers who buy guns for criminals (ATF). Criminals wouldn’t register guns or get gun licenses.

          The laws you propose only affect law-abiding citizens, not criminals.

          Even a 4th grader can understand that. Apparently, you can’t.

      • To the Man with no sense

        What planet do you live on. The NFA Act of the 1930’s required registration of both Machine guns and of silencers. Now genius tard try explain (lie) away that law.

        You really fell head first into the outhouse on that one.

        • That’s not the same thing as a universal, national gun registry which is prohibited by Federal law — and even a registry only affects law-abiding citizens, not criminals.

          You really need to keep your big mouth shut when you don’t know what you’re talking about.

  6. I have a question. Who in the “state” is suing or who on behalf of the state is suing? Attorney General of the state? Its governor? Another entity?

    • For example:

      18. Plaintiff State of West Virginia is a sovereign state of the United States of America. West Virginia sues to vindicate its sovereign, quasi-sovereign, and proprietary interests, including its interests in protecting its citizens, businesses, employees, public fisc, and tax revenue. West Virginia brings this suit through its Attorney General, Patrick Morrisey. He is the chief legal officer of the State of West Virginia and has the authority to represent the State in federal court.

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