Pistol brace update

[cmoore]

From Virginia Citizens Defense League (VCDL):

The Pistol Brace Ban is dead – for the time being! But CAUTION!

A court in Texas has enjoined the BATFE from enforcing the pistol brace ban nationwide!

An appeal will likely fall on deaf ears at the Federal Court of Appeals level. A further appeal to the
Supreme Court could take at least three years!

In the meantime, while braces are again legal, here is a note of caution to some of you by VCDL
attorney Gilbert Ambler [VIDEO]:


https://www.youtube.com/watch?app=desktop&v=o-HSs7YnduQ

[GJM]

In the YT video, he suggests that this action by the court invalidates the form one you received. Since the form one has "subject to language," if you put a stock and or vertical grip on, you could be prosecuted for a NFA violation since your form one isn't valid. Suggests returning it to the braced configuration until this is overturned on appeal or there is additional information.

[WobblyPossum]

That’s one of my questions regarding how all of this will shake out. I’d bet a paycheck that no one will actually get prosecuted for it though. Can you imagine that case in court? “And then my client, because he is a law abiding citizen, complied with the new ATF rule and registered his pistol as a short barreled rifle. Now they’re trying to railroad my client because he complied with the government’s regulation?!”

[Tensaw]

Well, Wobbly, just because it's dumb and nonsensical doesn't mean they won't do it. In fact, the current regime seems to thrive on exactly the kinds of actions...

ETA: The question might be asked. "which government regulation" is he complying with? I seem to recall reading about a political approach in which so many things are made illegal, anyone can be prosecuted for anything. It seems we are heading down that road...

[BillSWPA]

I would not wait 3 years before checking the status of this case. An emergency stay could be issued by the 5th Cir. (Unlikely but possible) or Supreme Court (likelihood is anyone’s guess) at any time. Just like any of the other injunctions, if you are relying on it, you need to be sure you will become aware quickly if it is no longer in effect.

I suspect that the existence of 3 other injunctions which collectively cover millions of people and already significantly complicate enforcement will make it more likely that this injunction will stand.

Regarding the tax stamps, I am not as familiar with this process since I have never acquired any NFA stuff. However, my best guess is that anyone whose tax stamp is no longer valid would need actual notice of that fact from ATF before a prosecution would be likely to succeed. I do think the advice to keep using the pistol brace instead of an actual shoulder stock until we see how everything shakes out is the safest path forward even with a tax stamp.

[GJM]

The form one approvals we received are marked "approved with conditions." Later, these are the conditions -- "pursuant to ATF Final Rule 2021R-08F."

[kwb377]

In the YT video, he suggests that this action by the court invalidates the form one you received. Since the form one has "subject to language," if you put a stock and or vertical grip on, you could be prosecuted for a NFA violation since your form one isn't valid. Suggests returning it to the braced configuration until this is overturned on appeal or there is additional information.

IANAL, but my understanding is this injunction means that the brace Rule can't be enforced until the case goes to court (and the Rule is either upheld or overturned), but is still in effect? If that's the case, the F1's would still be valid.

[BillSWPA]

IANAL, but my understanding is this injunction just mean that the brace Rule can't be enforced until the case goes to court (and the Rule is either upheld or overturned), but is still in effect? If that's the case, the F1's would still be valid.

When a final judgment is rendered, it is likely to only invalidate the challenged portions of the rule. What ATF does next with the conditions is unclear at this point.

[BillSWPA]

Four pistol brace cases in the 5th Circuit have now been consolidated. The consolidated cases are:

Mock v. Garland

Britto v. Bureau of Alcohol

Texas Gun Rights v. Bureau of Alcohol

State of Texas v. Bureau of Alcohol

[Totem Polar]

Four pistol brace cases in the 5th Circuit have now been consolidated. l

Awesome. Thanks for the heads up.