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Lawnmower2021

ATF finalizes rules for Stabilizing Braces

By Lawnmower2021, in National Gun Law Discussion

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ESB    247

ESB
Posted

This video goes into more detail as to why the CURRENT ATF brace rule is unconstitutional.  Basically its on a technicality, the current rule is nothing like the proposed rule which had proper public comment period.  In order for it to be a legal rule, it must have had a period of public comment for the current rule.  Because the current rule as it is, did not have public comment period, its currently illegal.  What this means to me (IANAL) is that should they go back and do the process correctly, this could become an enforceable rule.  Essentially they have not ruled that content of the rule is unconstitutional, but how they implemented is.  

BREAKING! Pistol Brace Decision! 5th Circuit Rules in MOCK V GARLAND - YouTube

 

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oldguysrule649    397

oldguysrule649
Posted

Given the two Preliminary Injunctions issued in the last several weeks covering members of FPC and NAGR(I am a member of both.), I have removed the "Pistol Storage Device" that I had put on my Troy Other and have reattached its original brace.  (If curious, refer to my detailed PSD writeup I previously posted on NJGUNFORUMS.).   I look forward to my next range trip with it. 

 

p.s.  Members of SAF and GOA a may also still be fine based on their prior injunctions.  However, I lost track of the status of those.

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ESB    247

ESB
Posted
22 minutes ago, oldguysrule649 said:

Given the two Preliminary Injunctions issued in the last several weeks covering members of FPC and NAGR(I am a member of both.), I have removed the "Pistol Storage Device" that I had put on my Troy Other and have reattached its original brace.  (If curious, refer to my detailed PSD writeup I previously posted on NJGUNFORUMS.).   I look forward to my next range trip with it. 

 

p.s.  Members of SAF and GOA a may also still be fine based on their prior injunctions.  However, I lost track of the status of those.

I'm a member of both FPC and GOA since before the injunctions.  One concern I have is if the PI's effect all Americans or just those under the Circuit in which the lower court ordered the PI?  Does anyone know for sure or site references?  

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JackDaWack    2,895

JackDaWack
Posted
1 hour ago, ESB said:

I'm a member of both FPC and GOA since before the injunctions.  One concern I have is if the PI's effect all Americans or just those under the Circuit in which the lower court ordered the PI?  Does anyone know for sure or site references?  

It's for all jurisdictions based on the language. 

The ruling prevents the ATF from applying the rule to all listed, so there is no condition related to location since it's a court order against the ATF applying the rule. If it were against a state agency that would be a different outcome. 

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JackDaWack    2,895

JackDaWack
Posted
1 hour ago, oldguysrule649 said:

Given the two Preliminary Injunctions issued in the last several weeks covering members of FPC and NAGR(I am a member of both.), I have removed the "Pistol Storage Device" that I had put on my Troy Other and have reattached its original brace.  (If curious, refer to my detailed PSD writeup I previously posted on NJGUNFORUMS.).   I look forward to my next range trip with it. 

 

p.s.  Members of SAF and GOA a may also still be fine based on their prior injunctions.  However, I lost track of the status of those.

Maxim Defense customers too!!! 

 

I'm a bit hesitant though, how NJ will treat this issue? That's always it been in the back of my mind as it won't be settled until an official final ruling is made. 

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oldguysrule649    397

oldguysrule649
Posted
On 10/13/2023 at 4:37 PM, JackDaWack said:

Maxim Defense customers too!!! 

 

I'm a bit hesitant though, how NJ will treat this issue? That's always it been in the back of my mind as it won't be settled until an official final ruling is made. 

In support of your point, I just watched the Guns and Gadgets segment below.   Your post and that video has me considering taking it back off until a final ruling is made.  The ATF apparently is saying since they don't know who is or is not a member of these organizations,  they are going to still go after people.

This also got me thinking.  Since the removal of the brace and being left with a bare buffer tube negatively impacts the utility of the firearm;  may as well seriously consider going and purchasing a full sized compliant AR if you don't already have one.  (:-)

 

 

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Krdshrk    3,877

Krdshrk
Posted
2 hours ago, oldguysrule649 said:

In support of your point, I just watched the Guns and Gadgets segment below.   Your post and that video has me considering taking it back off until a final ruling is made.  The ATF apparently is saying since they don't know who is or is not a member of these organizations,  they are going to still go after people.

FPC sent out membership cards

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ESB    247

ESB
Posted
On 10/15/2023 at 7:45 PM, oldguysrule649 said:

In support of your point, I just watched the Guns and Gadgets segment below.   Your post and that video has me considering taking it back off until a final ruling is made.  The ATF apparently is saying since they don't know who is or is not a member of these organizations,  they are going to still go after people.

This also got me thinking.  Since the removal of the brace and being left with a bare buffer tube negatively impacts the utility of the firearm;  may as well seriously consider going and purchasing a full sized compliant AR if you don't already have one.  (:-)

 

 

This might actually help us long term.  This makes proving that there will be irreparable harm from the government easier when 2A lawyers are asking for a TRO or PI against new unconstitutional laws.  

 

 

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