Search found 10 matches

by The Annoyed Man
Sun Jun 04, 2023 10:05 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 69532

Re: ATF Released New Proposed Pistol Brace Rules

The rate of noncompliance is very encouraging: https://thereload.com/atf-says-a-quarte ... race-rule/
The ATF told The Reload on Friday it has received just over a quarter million applications to register pistol-brace-equipped firearms.

<——SNIP——>

That number represents just a fraction of the braced guns believed to have been sold in the decade since the ATF first classified a version as outside the scope of the NFA. In the impact assessment for the rule, the ATF estimated that three to seven million devices exist. However, the Congressional Research Service puts the number much higher at somewhere between 10 and 40 million.

That puts the registration rate for pistol-brace-equipped guns at between 0.6 percent and eight percent.
I’d wager that the compliance numbers for bump stocks are similar.
by The Annoyed Man
Fri Mar 17, 2023 11:23 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 69532

Re: ATF Released New Proposed Pistol Brace Rules

Don’t comply. Become ungovernable. That’s MY answer.
by The Annoyed Man
Tue Jan 31, 2023 10:53 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 69532

Re: ATF Released New Proposed Pistol Brace Rules

Rafe wrote: Mon Jan 30, 2023 6:09 pm
Grayling813 wrote: Mon Jan 30, 2023 4:11 pm The new rules are due to be posted to the Federal Register tomorrow 1/31/2023. The 120 day entrapment...oops...120 amnesty period starts tomorrow.
Here's where to find the actual document in the federal register: https://www.federalregister.gov/public- ... ing-braces.

It was filed at 08:45 this morning Eastern Time, and will release automatically tomorrow...all 291 pages of it.

For TAM's prior question/dilemma, it seems that the SCOTUS decision in United States v. Thompson/Center Arms means that the brace can be removed and not have to be destroyed if the owner also has a 16-inch barrel or longer upper to which the brace could be attached, or already has a registered NFA SBR lower. We shall see...
This is what I was hoping for—assuming the new rule survives any court challenges (I hope that SCOTUS squashes it). I do have both spare 16" or longer unused uppers (as well as the parts to build several more), as well as a registered lower. If you’re right, I’m covered.

But given that the ATF is WAY out of control, as encouraged by Bei Den Jo's administration, I’m still not feeling particularly sanguine about our prospects unless and until SCOTUS squashes these overreaches flat.
by The Annoyed Man
Wed Jan 25, 2023 12:16 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 69532

Re: ATF Released New Proposed Pistol Brace Rules

Bolton Strid wrote: Wed Jan 25, 2023 11:30 am Will miss the entertaining hysterics here as well as other places across the internet after this dumpster fire of a so-called regulation gets slapped down. Reads like it was written by a freshman college intern. The bottom line is there is NO WAY to comply with it. There is no path to compliance - it runs afoul of other laws (ie tax code) and is tangled up in conflicts and operational cross-purposes. Most horrible junk I've read in a while. Talking to anyone at the ATF is pointless - talk to 10 different people, get 10 different answers, which are actually non-answers since they simply try to refer you to a boss up the chain of command, who never calls back. They're not being dodgy or belligerent, they just don't know anything.

An aspect I haven't seen mentioned anywhere are the LEOs who have bought 10 inch barreled ARs with a brace setup. They're lighter, handier to manipulate inside a vehicle and have sufficient firepower for the distances they're likely to engage at. The reduced velocity and range of those actually aids in public safety surrounding a conflict scene. Those folk are gonna find themselves in the same sort of pickle as the public. Hope they're being sufficiently vocal about it themselves.
The Democrat Gun-Grabber Goons (AKA “the ATF”) are only individually aware of those pistol brace purchases that were made as part of a firearms sale with attached brace, involving an FFL and a 4473. I have a family member who is an LEO who made one such braced pistol purchase several years ago, for exactly the same reason you’ve mentioned above. I’m quite certain he has no intention to comply. Literally MILLIONS of braces were purchased individually as accessories, many paid for with cash since there was no requirement in the law to do otherwise. How the heck does ATF propose to follow up on those? I mean, even if they can track shipments of accessory braces from the manufacturer to wholesalers, and from wholesalers to retailers, how can they have even partial information on individual buyers who had the foresight to pay with cash?

Answer: they cannot. To that, I say "Vive la resistance!" May she prosper.
by The Annoyed Man
Sun Jan 15, 2023 1:45 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 69532

Re: ATF Released New Proposed Pistol Brace Rules

Grayling813 wrote: Sat Jan 14, 2023 11:47 am Factoring Criteria for Firearms with Attached “Stabilizing Braces”
https://www.atf.gov/rules-and-regulatio ... ing-braces
On January 13, 2023, the Attorney General signed ATF final rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces,’” amending ATF’s regulations to clarify when a rifle is designed, made, and intended to be fired from the shoulder.

One of the requirements of individual “Responsible Persons” registration is electronic fingerprint cards. Where is the best place to get these done?

I have an AR pistol that I need to reluctantly register as a SBR.
I just sent you a PM with details.
by The Annoyed Man
Fri Sep 09, 2022 8:24 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 69532

Re: ATF Released New Proposed Pistol Brace Rules

The Annoyed Man wrote: Thu Sep 08, 2022 8:46 am My question is this: will having a pistol brace in one's spare parts bin be considered "constructive possession" of an SBR, or will one have to either destroy it or turn it in as the F-troop decreed with bump stocks?

My sense is that, eventually, a lot of this ATF nonsense is going to get slapped down in the courts per the West Virginia v. EPA SCOTUS ruling. That’s not to say that Congress won’t eventually act to "correct" that ruling by legislatively assigning additional authority to ATF not already contained in the NFA. But until/unless that happens, my sense is that the long term outlook for ATF overreach isn’t favorable to ATF. I don’t want to destroy or have to bury a perfectly usable pistol brace, for which I paid about $125, if I can be reasonably certain that ATF isn’t going to go door to door to confront pistol brace owners.
Does anyone have an answer for this question?
by The Annoyed Man
Thu Sep 08, 2022 8:46 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 69532

Re: ATF Released New Proposed Pistol Brace Rules

We have 2 registered SBR lowers on our trust, but both my son and I each also own a pistol brace lower, specifically for the purpose of being able to travel across state lines with a short-barreled upper. I’m not willing to register another SBR lower, amnesty or not, $200 tax or not. So I’ll be converting my pistol-braced lower back into a 16” carbine. I can’t speak for my son, although I suspect he’ll do the same.

My question is this: will having a pistol brace in one's spare parts bin be considered "constructive possession" of an SBR, or will one have to either destroy it or turn it in as the F-troop decreed with bump stocks?

My sense is that, eventually, a lot of this ATF nonsense is going to get slapped down in the courts per the West Virginia v. EPA SCOTUS ruling. That’s not to say that Congress won’t eventually act to "correct" that ruling by legislatively assigning additional authority to ATF not already contained in the NFA. But until/unless that happens, my sense is that the long term outlook for ATF overreach isn’t favorable to ATF. I don’t want to destroy or have to bury a perfectly usable pistol brace, for which I paid about $125, if I can be reasonably certain that ATF isn’t going to go door to door to confront pistol brace owners.
by The Annoyed Man
Fri Jun 11, 2021 5:15 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 69532

Re: ATF Released New Proposed Pistol Brace Rules

jason812 wrote: Fri Jun 11, 2021 2:11 pm
gamboolman wrote: Fri Jun 11, 2021 1:34 pm I need help please.

I am glad, and want to submit comments opposing the Proposed Legislation on Pistol Braces.

Having said that, I know that I am not knowledgeable enough to write a succinct and effective comment.

Any help or examples would be most appreciated.

Thanks, gamboolman.....

Here is the link to commenting in the Federal Register:

https://www.federalregister.gov/documen ... en-comment
I usually just quote the 2nd Amendment because I'm not that eloquent.
That’s actually eloquent enough. :thumbs2:
by The Annoyed Man
Thu Jun 10, 2021 11:17 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 69532

Re: ATF Released New Proposed Pistol Brace Rules

crazy2medic wrote: Thu Jun 10, 2021 10:51 am ATF has gone rogue. We need to repeal the NFA, and strip them of any authority or the power to exercise that authority

The BATFE needs to be the BATE, time to fix it!
Not really. Why control alcohol? Why control tobacco? MAYBE you can make an argument for controlling explosives, but you have to be specific instead of a general prohibition. I drink very little, and I don’t smoke. But none of the controls in the world over alcohol and tobacco have ever kept people from drinking and smoking. It’s nothing more than a revenue stream for an already bloated gov’t that spends 99% of its time on unconstitutional mandates, and little or no time defending out rights.
by The Annoyed Man
Thu Jun 10, 2021 10:17 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: ATF Released New Proposed Pistol Brace Rules
Replies: 155
Views: 69532

Re: ATF Released New Proposed Pistol Brace Rules

srothstein wrote: Thu Jun 10, 2021 7:18 am I believe that the ruling must be intended to be used against manufacturers. As you point out, it will be tricky for brace manufacturers since it is nothing until it is added to a firearm, but the makers of the pistols themselves can be prosecuted. The ATF also has a long history of prosecuting people for making things "intended" to produce illegal weapons. If I understood the case correctly, the maker I referred to was selling a "coat hook", that is he sold a piece of metal he claimed was a small coat hook for hanging things on the wall. The ATF claimed that was a subterfuge and it was really intended to produce a fully automatic weapon. They raided the maker and took his files and did raid some of his customers homes to find the parts. I could be wrong on what he was selling and how because I generally do not follow that market area (I want a fully automatic rifle or three but not so badly that I would try to make it, even with a bump stock).

If you agree that there are too many AR pistols with braces for the ATF to try to arrest the owners now, then you have to ask yourself why they would make the rule. One of the basic principles of legislation is (or should be) never pass a law (or rule) that you do not intend to enforce or cannot enforce. It breeds contempt for the law in general and creates more problems than it is worth. Then you have to ask yourself who they intend to enforce this ruling on. Manufacturers is all I can come up with.

My problem with your feeling that it is okay to interpret the law is that it belongs to the courts to make that interpretation. That was the decision in Marbury v. Madison and I believe it is correct. But the courts have also adopted a policy of deference to agency interpretations, which makes the interpretations law making. Laws should be written clearly enough that the citizen can understand it without needing an agency to interpret it. Do you understand what a handgun is, as defined by the law? A Short-barrelled rifle? A machine gun? I understand the definition in the law very well and see no possible need for an interpretation by ATF. This is how you get stupid definitions like a bump stock is a machine gun. The law defines a machine gun as a weapon capable of firing twice with one pull of the trigger. How can a bumpstock fire at all to be classified as a weapon?

I said that the entire CFR is unconstitutional and that may be an overstatement. Agencies can and should adopt some rules, such as how to apply for a license for something. Procedural rules on how to work with the agency are fine as long as there is no penalty attached to a mistake. If I do not fill out the forms correctly and in the right order, my license gets denied but I cannot be fined or jailed. When a rule is adopted where you can be arrested for violating it, the agency is making law and not rules, in my opinion.
The problem with this new rule interpretation AND the worksheets it includes is that it can be used to prosecute BOTH manufacturers and private citizens. Corporations have deep pockets….deeper than mine, anyway……and since a corporation is an "individual", it will merely pay a fine if it persists, but it’s unlikely that any corporate officers would go to jail because they manufactured braced AR pistols deemed by ATF to be rifles.

On the other hand, a private individual might face up to 10 yrs in prison and a $250,000 fine on each count (if I correctly remember the penalties called for in the law), and that’s a big club to hold over anybody's head. Personally, I have a registered lower with two uppers for it in different calibers; so I’m in no immediate danger of having to get rid of a sub-16” barreled upper. BUT…… I also have a braced pistol lower which I built for the specific purpose of being able to transport a short upper across state lines, specifically into states contiguous to Texas. I have no intention of transporting one any further than that.

I built that braced pistol lower IN. GOOD. FAITH that I was compliant with the law as it was being interpreted by ATF. Now ATF wants to change its mind and turn me into an instant felon……me, a nonviolent person who has never committed any previous crimes. With the combined weight of 10 yrs and $250K for every infraction, they are now able to prosecute anyone with a "non compliant" braced pistol the same way they’d treat someone who built a backyard suppressor without filing a Form 1. And that is nothing short of despicable. These people are out of control, and the only way to defeat them is by MASSIVE civil disobedience.

After having read through their PDF and used their worksheet to analyze my own pistol braced lower with the two uppers I have—both of which would end up defining that lower as an SBR—and having thoroughly examined the three examples they provide in their PDF (https://www.atf.gov/file/154871/download), it is painfully obvious that ATF specifically targeted SB Tactical for elimination. The ONE example they opined would still qualify as a pistol used the SB-Mini brace which—coincidentally conveniently for ATF—is out of production and no longer available. I don’t believe in coincidences of that type.

ATF has gone rogue. We need to repeal the NFA, and strip them of any authority or the power to exercise that authority.

Return to “ATF Released New Proposed Pistol Brace Rules”