Pistol Brace Amnesty

[Tensaw]

100% ageee with picking battles wisely. The difference between an AR pistol with a plain buffer tube and one with a brace is not worth jail.

However, the ATF may also be about to learn this lesson. The rule will certainly be challenged. Considering that braces have become accepted over years of being generally tolerated by ATF, and that we have a very second amendment friendly Supreme Court which is also inclined to limit agency rule making power, we could potentially come out of this in a stronger position than before the rule.

Ever since braces became a thing, and certainly since ATF started flip-flopping, I have thought/said that if this debacle doesn't clearly illustrate the arbitrary and capricious nature of the NFA, nothing does. ATF could perhaps win the brace challenge iff they came in and said, "Yup, we were wrong in how we handled this." But nearly 300 pages of trying to justify what has gone on to this point tells me that won't happen. Pleeeease double down ATF.

[Borderland]

Ever since braces became a thing, and certainly since ATF started flip-flopping, I have thought/said that if this debacle doesn't clearly illustrate the arbitrary and capricious nature of the NFA, nothing does. ATF could perhaps win the brace challenge iff they came in and said, "Yup, we were wrong in how we handled this." But nearly 300 pages of trying to justify what has gone on to this point tells me that won't happen. Pleeeease double down ATF.

They're just following orders. Once the adm sniffs the political winds they'll call the mission off. Had to run it up the flag pole anyway. This is a problem for congress to solve. Of course they can't, or won't, but that doesn't change the fact.

[HeavyDuty]

https://thereload.com/atf-says-impor...hed-next-week/

The Reload is reporting January 31 for a planned publication date. I have no idea how reliable that is.

Still not in the Public Inspection section. I would expect it there today or Monday if they are holding to a 1/31 date.

Maybe they will do it 2/14, the traditional screwing day?

[Oldherkpilot]

Ever since braces became a thing, and certainly since ATF started flip-flopping, I have thought/said that if this debacle doesn't clearly illustrate the arbitrary and capricious nature of the NFA, nothing does. ATF could perhaps win the brace challenge iff they came in and said, "Yup, we were wrong in how we handled this." But nearly 300 pages of trying to justify what has gone on to this point tells me that won't happen. Pleeeease double down ATF.

Makes you wonder if the ATF might be up to nailing down another big question: what is a woman?😁

[Oldherkpilot]

Still not in the Public Inspection section. I would expect it there today or Monday if they are holding to a 1/31 date.

Maybe they will do it 2/14, the traditional screwing day?

I'd hold out for April 1st.

[HeavyDuty]

Here we go! I don’t have time to compare the linked PDF with the one that came out earlier, I’m curious if there are changes.

[fatdog]

I think I can hear the lear jet engines firing up for all those lawyers headed to TX or other perceived favorable venues to file those suits, motions, requests for injunctions, etc. In addition to those already filed that were waiting on the publication of the actual rules to get to their next hearing.

Let the legal battles begin. Probably so many it will be real work to track them all.

The more I have pondered this, I think at some level in ATF they expect a loss, and they will just turn around to the Biden regime and shrug their shoulders and say see, we tried.

[littlejerry]

I think I can hear the lear jet engines firing up for all those lawyers headed to TX or other perceived favorable venues to file those suits, motions, requests for injunctions, etc. In addition to those already filed that were waiting on the publication of the actual rules to get to their next hearing.

Let the legal battles begin. Probably so many it will be real work to track them all.

The more I have pondered this, I think at some level in ATF they expect a loss, and they will just turn around to the Biden regime and shrug their shoulders and say see, we tried.

From the cynical political POV:
It's a win-win for the Biden admin. They get to "do something" about guns. When it gets struck down by the courts they get to throw a tantrum and condemn the "extreme right wing" judges.

[HeavyDuty]

Let me get my free stamps first!

[fly out]

Here is a link to today's review version:

https://public-inspection.federalreg...2023-01001.pdf

In theory, there will be a new link tomorrow with the published version.

The "What Next?" section starts on p. 270, with this prohibition on transfers by unlicensed individuals (i.e., normal humans who do not hold an FFL) after publication:

To transfer an affected firearm to another individual after the date this rule is
published, it must be registered in the NFRTR, and the individual must submit and
receive approval on an Application for Tax Paid Transfer and Registration of Firearm,
ATF Form 4; otherwise, the transfer is a violation of the NFA. See 26 U.S.C. 5861(e).

The provisions for the various categories of FFLs continue on the pages that follow, but I take it to read that your garden-variety FFL cannot transfer a braced pistol after publication without first registering it.

If anyone reads it differently, please chime in.