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ATF Pistol Brace Ban Struck Down in Federal Court

Hammer67

Hammer67

Professional
Yesterday, Nov. 8th 2023, Federal Judge Mattew J. Kacmsaryk of the Northern District of Texas Amarillo Division ruled against the ATF and in favor of the Plaintiffs (Darren A. Britto, et. al) that the ATF's pistol brace ban is unlawful.

Pg. 8 of the ruling:

"...public safety concerns must be addressed in ways that are lawful. This Rule is not.

Conclusion:

For the foregoing reasons, the Court grants the Motion and Stays the Rule in its entirety."


Link to the ruling:

 
As we all know a firearm, with a brace or not, does not cause nor contributes to "mass shootings".

And..."From 2012 to 2018, ATF issued several classifications of stabilizing braces concluding a a brace does not redesign a handgun to be fires from the shoulder," therefore according to clause 3 of Article I, Section 9 of the United States Constitution, the Federal Government is prohibited from passing ex post facto laws (i.e. rules) to criminalize actions that were previously deemed legal.

The next question is will/when the current administration appeal this court ruling, and/or ignore this ruling like they've ignored SCOTUS determinations.
 
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I'm just playing but had to share... Never register, never surrender. ;)
 

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I registered mine. I don’t regret it. I got to turn my pistol into an SBR for no tax and no engraving. I have suppressors, so it’s not like I’m giving up any information the govt doesn’t already have. And now with this injunction, I can keep a stock on my firearm and live life. Or, if I want to travel out of state with it (which is the only downside for me with an SBR vs a pistol), I can just put the brace back on and not have to worry about filing a 5320.20 to notify the ATF.

The ones who benefited most from this ruling are the disabled and those who live in states where state law does not allow SBRs.

This is a good start with this braced pistol issue, but it’s certainly not the end of it. This is a temporary injunction. A final ruling will eventually be made. And that ruling will be appealed regardless of who wins the argument. I’m sure eventually it will wind up in SCOTUS, but that could be years.

Little victories are always a good thing. And I think this is more than just a little victory.
 
uspatriot1960 said:
This is a good start with this braced pistol issue, but it’s certainly not the end of it. This is a temporary injunction. A final ruling will eventually be made. And that ruling will be appealed regardless of who wins the argument. I’m sure eventually it will wind up in SCOTUS, but that could be years.
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Agreed, and that's what the two attorneys in the video I posted above said as well. Hopefully, the current ruling will stay in place until a final decision is made, because yeah, it will likely take years to be truly settled.
 
SimonRL said:
Finally got around to taking a pic. Didn’t get to the range today. Hopefully tomorrow, but with the kind of day I had today with a screw in my tire that can’t be fixed and then the car’s battery dying out of the blue I may just stay home and not press my luck, but when you have a gun this good looking…

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Brass is a great classic! Never figured you'd have a lever gun?
 
SimonRL said:
Finally got around to taking a pic. Didn’t get to the range today. Hopefully tomorrow, but with the kind of day I had today with a screw in my tire that can’t be fixed and then the car’s battery dying out of the blue I may just stay home and not press my luck, but when you have a gun this good looking…

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My buddy Bill just bought one of these about a month ago. I put a pic rail on the receiver and a Romeo 5 on it for him. He's out hunting with it right now.
 
SimonRL said:
I just got a bee in my bonnet and started researching them and I don’t know why, but I really like the look of the octagonal barrel and the brass receiver so here we are on another path of the journey. I already have a large loop lever on the way.
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Enjoy, you found your drug
 
This is great. Hopefully the direction this will go is to stike out barrel length definitions in the NFA 1934 and more.

1. I don't think this is over. I think there may be more process left.

2. I still think the barrel length limitations in the NFA 1934 can somehow legally be applicable to braced pistols - even if this rule is dead - there can be another one coming that is in line with the NFA definitions of 1934. It was only overturned based on APA - NOT 2A grounds.

3. At this point in the process, I do not regret putting in form 1's for my braced pistols.

4. No one received a tax stamp for an approved braced pistol. They were approved "pursuit to rule XXX. If the rule in eventually nullified, I do not see how one could not go back from stock to brace and be perfectly fine/legal to cross state lines, etc with a "registered" braced pistol.

5. Based on this current ruling - I think I would be able to take my "brace rule approved" SBR configured with a brace and no vertical foregrip across state lines and be fine. Hypothetically - I do this - and an ATF agent arrests me and I'm charged with illegally taking an SBR across state lines. How does that hold up in court - it was a rule rejected configured braced pistol? If the current rule it was approved by is nullified, how can I be found guilty of breaking a braced pistol rule that no longer exists? Just saying. That would be a helluva court case.

6. I find it irritating that those of us who did apply for form 1s and approved in the grace period are somehow being looked as idiots by other folks in the 2A community. We all had the information, evaluated the rule based on our own personal perspective/circumstances - and decided to register without paying $200. I don't judge those who didn't register.

7. We'll see how this all plays out - it may still be years. At this point, I still think I'm OK regardless of the eventual outcome.
 
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dadoser said:
This is great. Hopefully the direction this will go is to stike out barrel length definitions in the NFA 1934 and more.

1. I don't think this is over. I think there may be more process left.

2. I still think the barrel length limitations in the NFA 1934 can somehow legally be applicable to braced pistols - even if this rule is dead - there can be another one coming that is in line with the NFA definitions of 1934. It was only overturned based on APA - NOT 2A grounds.

3. At this point in the process, I do not regret putting in form 1's for my braced pistols.

4. No one received a tax stamp for an approved braced pistol. They were approved "pursuit to rule XXX. If the rule in eventually nullified, I do not see how one could not go back from stock to brace and be perfectly fine/legal to cross state lines, etc with a "registered" braced pistol.

5. Based on this current ruling - I think I would be able to take my "brace rule approved" SBR configured with a brace and no vertical foregrip across state lines and be fine. Hypothetically - I do this - and an ATF agent arrests me and I'm charged with illegally taking an SBR across state lines. How does that hold up in court - it was a rule rejected configured braced pistol? If the current rule it was approved by is nullified, how can I be found guilty of breaking a braced pistol rule that no longer exists? Just saying. That would be a helluva court case.

6. I find it irritating that those of us who did apply for form 1s and approved in the grace period are somehow being looked as idiots by other folks in the 2A community. We all had the information, evaluated the rule based on our own personal perspective/circumstances - and decided to register without paying $200. I don't judge those who didn't register.

7. We'll see how this all plays out - it may still be years. At this point, I still think I'm OK regardless of the eventual outcome.
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To #6, I am on another forum right now where several members are wishing and praying that the brace SBRs are rescinded, the ATF goes after us for having had put a real stock on our pistols, and that we are fools, idiots, and they hope for the worse possible scenario.

I don't under why they are so angry about something that didn't affect them. At best we got to legally keep our braces or a stock on out pistols for months (unlike them), and at worse we will have to go back to using braces (just like them). I'm not seeing what the issue is.

What I did realize was that many of the negative Nancys had SBRs that they paid $200 for. I think jealously is to blame for them attacking us.

.
 
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