DOJ release pistol stabilizing brace rules

[SouthPaw]

Yippie ki yay

[Gunner]

https://youtu.be/3WoUUVvSLBE?si=aA1qt6HfreEnjz7p




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[TEAMRICO]

Where did I bury my braces again……

[SouthPaw]

November 9th, 2023: The Fifth Circuit overturned the ATF's "frame or receiver" rule in the VanDerStok v. Garland case, criticizing the ATF for overstepping its regulatory authority by effectively rewriting the law. The court utilized a creative cake analogy to clarify its point on gun regulation. Drawing parallels to the recent internet craze where cakes are designed to mimic other foods, the court compared the legal status of actual gun frames and receivers with items that simply look similar. The analogy served to demonstrate the ATF's flawed approach, which applies regulations to genuine frames and receivers but fails to consider items that merely resemble them, indicating that appearances should not be the primary factor in regulatory decisions.

Judge Oldham writes an opinion supplementing the majority's findings in order to explore additional problems with the Final Rule, where he says it "doesn’t stop regulating the metal or plastic until it's melted back down to ooze." Judge Kurt Engelhardt, representing the court's stance, also stated, "The agency rule at issue here flouts clear statutory text and exceeds the legislatively-imposed limits on agency authority in the name of public policy." He further clarified that the expansion of firearm regulation and the criminalization of actions that were previously legal are not sanctioned by Congress, rendering the proposed rule an unlawful agency action that goes against legislative intent.

The court firmly concludes that until Congress modifies the Gun Control Act, the ATF must adhere to the existing statutory limits. The Final Rule, according to the court, crosses those boundaries, resulting in the ATF essentially rewriting the law, a move that is not permissible, particularly when it leads to the broad imposition of criminal liability without legislative input.

However, it's important to note that despite the court's ruling, the "frame or receiver" rule remains active due to a stay by the Supreme Court from August 8th. The Supreme Court's intervention means that the rule will stay in effect until the legal proceedings are concluded.

Source: https://www.80percentarms.com/ATF-RULE-FAQ/

[kidicarus13]

Mock v. Garland. As of 06/13/24, pistol braces are now legal again.

[SouthPaw]

Mock v. Garland. As of 06/13/24, pistol braces are now legal again.

Now everyone is going to have to remove their stocks and put the braces back on.

[FoxtArt]

And some people got SBRs with free tax stamps. All the youtube conspiracies surrounding that just flew out the window. It's inarguably just free SBRs now.

Anyone can argue about NFA registration (valid), of course. But this paid off for those that wanted SBR's, I suppose.

[Fromk]

I got a free SBR and I'm not ashamed. I was already in the NFA system with a suppressor and have a CCW so the gov can already surmise that I had two guns. Can't make the argument that I just put a target on my back.

Also, that's a super confusing sentence just to say that braces are allowed again.

[Great-Kazoo]

Now everyone is going to have to remove their stocks and put the braces back on.

Back On? never removed them, nor have i seen anyone else in AZ either