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maroonandwhite

Yet another letter to the ATF...

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I recently decided to give in and purchase a Shockwave brace since KAK released a new model that will work with a Milspec buffer tube.  After ordering I started looking around online at reviews (backwards, I know) and discovered that a couple of congressman have recently sent a letter to the ATF demanding regarding pistol braces and a supposed secret attempt by the ATF to ban them. On one hand I appreciate the effort.  I the other hand I can’t help but think it’s just political posturing and will end up creating more harm than good.

SURELY our president won’t let this happen before November if it even has any truth at all.

Maybe if we just pretend they don’t exist they will have no power, similar to Freddy Krueger.

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Don't bet on it. Politicians are not our friends!

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I have a few SB braces, and that's all I'll say. I hope to not have to make changes.

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1 hour ago, maroonandwhite said:

I recently decided to give in and purchase a Shockwave brace since KAK released a new model that will work with a Milspec buffer tube.  After ordering I started looking around online at reviews (backwards, I know) and discovered that a couple of congressman have recently sent a letter to the ATF demanding regarding pistol braces and a supposed secret attempt by the ATF to ban them. On one hand I appreciate the effort.  I the other hand I can’t help but think it’s just political posturing and will end up creating more harm than good.

SURELY our president won’t let this happen before November if it even has any truth at all.

Maybe if we just pretend they don’t exist they will have no power, similar to Freddy Krueger.

He convinced the ATF to ban bump stocks... 

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18 minutes ago, peejman said:

He convinced the ATF to ban bump stocks... 

I think this subject will come back up once all this china virus goes away (politically).  

https://www.globenewswire.com/news-release/2019/09/18/1917605/0/en/ATF-Admits-It-Lacked-Authority-to-Issue-Legislative-Rule-NCLA-Condemns-the-Agency-s-Attempt-to-Ban-Bump-Stocks-Anyway.html

Quote

 

Washington, D.C., Sept. 18, 2019 (GLOBE NEWSWIRE) -- Congress has not prohibited bump stocks, but the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has made them illegal with a Final Rule issued without statutory authority. In a noteworthy development, ATF’s latest court filing admits that it lacked rulemaking authority under the Gun Control Act and National Firearms Act to issue a legislative rule. ATF thus now agrees with NCLA that the district court below was wrong on this point of law.

The New Civil Liberties Alliance has filed a brief on behalf of client Clark Aposhian, asking the U.S. Court of Appeals for the Tenth Circuit to reject ATF’s remaining defenses of the Final Rule, restore Mr. Aposhian’s constitutional rights, and grant him a preliminary injunction to possess his lawfully acquired property. Specifically, NCLA argues that ATF’s interpretation is not the best reading of the statute and that the Court of Appeals cannot properly invoke the Chevron judicial deference doctrine to defer to ATF’s interpretation.

This case is not about whether gun control is a good idea. Rather, Mr. Aposhian’s appeal raises key issues about how an agency may create such a ban—that is, whether agency regulations may contradict a statute passed by Congress. The appeal also challenges the notion that a mere interpretive rule can bind third parties, such as owners of bump stocks.

The bump stock rule made it a new federal crime to own a bump stock, even one purchased with ATF’s prior permission. ATF knows it didn’t have the authority to enact such a law. Instead of defending the rule, ATF now pretends the ban is just a recommendation for the public. NCLA is confident the court will see through ATF’s games and strike down this invalid rule.” Caleb Kruckenberg, Litigation Counsel

ATF is caught between a rock and a hard place. The agency lacks legal authority to issue a so-called legislative rule, but a mere interpretive rule is not legally allowed to bind any third parties outside the government. By ordering half a million bump stock owners to surrender their devices—or face prosecution—ATF has acted in a completely unconstitutional fashion. It is high time for the federal courts to put a stop to this regulatory nonsense.”
Mark Chenoweth, Executive Director and General Counsel

Congress could have passed bipartisan legislation making bump stocks illegal. Instead, ATF has tried to ban them via administrative action in the Bump Stock Final Rule. This Court has a constitutional obligation to strike down ATF’s attempted legislative rewrite. Otherwise, the Executive Branch will usurp Congress’ legislative function in other areas, and the Constitution’s careful limits on how laws are made will be undone.

Update: Mr. Aposhian was forced to surrender his bump stock temporarily on May 6, 2019, while his appeal is being heard. NCLA also filed a separate lawsuit with the U.S. District Court for the Western District of Texas on behalf of Michael Cargill, a resident of Austin, Texas who turned in his bump stock to the local ATF office while his case is pending before that court.

 

 

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I’ve said it before, and I’ll say it again. Changes to the law should require the legislature to make changes; not some ATF hack. Just like with AG opinions, the courts are not bound by ATF rulings. The ATF states that on their website. If a DA decides to charge you for using a brace as a stock; there is nothing to keep them from doing that.

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3 hours ago, DaveTN said:

 If a DA decides to charge you for using a brace as a stock; there is nothing to keep them from doing that.

That’s a comforting thought. What a way to live haha!

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10 hours ago, DaveTN said:

I’ve said it before, and I’ll say it again. Changes to the law should require the legislature to make changes; not some ATF hack. Just like with AG opinions, the courts are not bound by ATF rulings. The ATF states that on their website. If a DA decides to charge you for using a brace as a stock; there is nothing to keep them from doing that.

I agree wholeheartedly. Including but not limited to whether or not  one shot per trigger pill = machine gun. I know I’ll never change your opinion. :D

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15 hours ago, DaveTN said:

Changes to the law should require the legislature to make changes; not some ATF hack.

Both sides of Congress love letting the government agencies have a wide operating latitude.  It lets them rail for or against their administrative moves, all while sidestepping the burden of actual oversight and responsibility, because that's hard, plus it cuts into time better spent fundraising or developing relationships that will land someone a sweet lobbying job after they retire from the legislature.

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43 minutes ago, btq96r said:

Both sides of Congress love letting the government agencies have a wide operating latitude.  It lets them rail for or against their administrative moves, all while sidestepping the burden of actual oversight and responsibility, because that's hard, plus it cuts into time better spent fundraising or developing relationships that will land someone a sweet lobbying job after they retire from the legislature.

Congress long ago abdicated its role in governance. 

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Just like the Supreme Court, they aren't there to make laws. That is job of Congress. The BATF doesn't have any authority to make "laws". And unless I am a complete moron their suggestions are just that.

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2 hours ago, Dirtshooter said:

Just like the Supreme Court, they aren't there to make laws. That is job of Congress. The BATF doesn't have any authority to make "laws". And unless I am a complete moron their suggestions are just that.

Yep. I think the issue is that the possible consequences are too severe for most to test the theory. I know I’m not interested in being a test case. 

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If it wasn't true it would be funny. The whole thing is a giant joke, is it a stock or a brace. This is what they are concerned about when you can go in to any gas station and buy a crack pipe. Crazy times. 

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The brace has a frustrating past with owners are shouldering to no shoulder then to shoulder ok. Took me a while to buy into the ones that slide on a milspec tube but the simple adjustability and it’s ok today is a win. Just know no ones got you back outside of other owners. GOA may spend money on it, but NRA and Trump already proved their castrated when it comes to pro2A opportunities;  bump stop ban proved it. Take someone’s property or make person a criminal with an agency’s change of mind,  that’s a problem.  

Enjoy, while you can is all you can do. Maybe next time we’ll all show up and submit our property over a fence on Pennsylvania Ave. 

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