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ATF finalizes rules for Stabilizing Braces

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Does this apply to states outside the 5th circuit, or just those within the 5th circuit jurisdiction?  

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

 

  • 3 weeks later...
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  • 2 weeks later...

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.

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?  

My understanding is that the PI covers FPC and all its members (regardless of where they live).   Not home at the moment. Will try later to site a specific reference.

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. 

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. 

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.  (:-)

 

 

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

10 hours ago, Krdshrk said:

FPC sent out membership cards

mine just came last week

 

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.  

 

 

Has anyone gone to a range with the Pistol Brace back on?  Any problems?  I’m an FPC member but just wondering if I’ll have an issue going to a range with the brace on my A4 Other.

5 hours ago, FunGun said:

Has anyone gone to a range with the Pistol Brace back on?  Any problems?  I’m an FPC member but just wondering if I’ll have an issue going to a range with the brace on my A4 Other.

same

Take your FPC member velcro badge and velcro it to the velcro on the brace.  Eliminates probably cause.  ;) 

considering that it's virtually impossible for all cops to know all the laws, i'm figuring that their gonna still think they have probable cause

 

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