ATF BRACE Rule

[F224]

ATF BRACE RULE — REALITY MEETS THE CONSTITUTION​

The recently made moot ATF Brace rule is where reality meets the U.S. Constitution. Yes, the rulings against the BATFE have led to the rule being struck down, but there is mass panic that Federal Agents will be breaking down your doors in the middle of the night to arrest you and seize your braced pistols that they want to claim are short-barreled weapons. Both Mark A. Smith at the Four Boxes Diner and Colion Noir dispel those fears and explain where America is at right now.

MARK A. SMITH’S TAKE​

Part of understanding what happened legally is that the suit to overturn the “Final Rule” was that the process that the Biden DOJ used violated the Administrative Procedures Act. That’s why the rule was overturned — not on constitutional violations of the 1934 National Firearms Act.


The bottom line of the Biden DOJ was that they lost big time by trying to legislate through the rule-making process, and the Administrative Branch cannot legislate. Here is where Mr. Smith describes what everyone is afraid of:

“The ATF in their brief said kind of a very pedestrian comment as I read it. Specifically, they said,

…”But of course, we’re going to continue to enforce as we need to, as appropriate, the National Firearms Act as a congressional statute because under article two of the United States Constitution, the executive branch of the president and his executive agencies, including the ATF and the Department of Justice, take a look at article two of the U.S. Constitution.”

COLION NOIR’S TAKE​

Although Mr. Noir is not someone I usually reference in my 2A Weekly Wrap-Up, he makes a powerful point here. As he states very clearly regarding the ATF and DOJ:

“All right, you got us [the ATF] on how we made that rule, but you didn’t take away the foundation we’re standing on.” And this is where I want to zoom out for a second. Because this isn’t just about pistol braces anymore. This is about how power works. Power does not like giving up power ever. And people forget there’s kind of egos tied into this. You’re dealing with an agency that just had a major piece of authority taken away from it. They’re not just going to shrug and walk off the court like, “Good game, guys.” That’s not how this works. This is more like a basketball game. You drive to the basket, you score, you look at them like, “Yeah, I got you.” And they look right back at you like, “Bro, there’s still time on the clock.” You didn’t end the game, you just scored. That’s exactly what’s happening here. The ATF is basically saying, “Cool, you won that round. Now, let’s see if you can stop us again.” And the reason they can even say that is because of how the fight was structured. The lawsuits focus on the process, not on completely dismantling their authority under the underlying laws. Now, here’s where it gets strategic. The ATF wants this case over as fast as possible. And that’s not by accident. Right now, the case is about the rule. That’s something they can afford to lose. But what they don’t want is for the case to keep going and evolve into something bigger where now we’re not just talking about a rule. We’re talking about the legitimacy of the National Firearms Act or the Gun Control Act themselves. Because once you go there, now you’re not fighting over one bad decision. You’re fighting over the entire foundation. Think of it like this. The NFA and the Gun Control Act, that’s their armory. That’s where all their weapons are stored.”

THE BOTTOM LINE​

Yes, the DOJ must enforce the short-barreled rifle, short-barreled shotgun, any other weapons, and suppressor provisions of the 1934 NFA. All of these provisions are rightfully under attack in the Federal Courts across the country now that the transfer taxes have been eliminated.


Article Two of the U.S. Constitution requires the Executive Branch to uphold the laws that Congress has passed and the President has ratified. This whole dust-up is simply over the fact that the Executive must follow its Constitutional duty.


This battle on pistol braces is won, but ultimately, the 1934 National Firearms Act, the 1968 Gun Control Act, and the Hughes Amendment from 1986 all need to be revised to comply with the numerous Supreme Court Decisions like Heller, Bruen, and others to comply with the Second Amendment of the Bill of Rights.

IFC TRUSTED PARTNER OF THE WEEK: Haven Defense Co​

Haven Defense Co — Haven Defense was created when we felt a local need for quality defensive gear in 2016, after taking some high-end training courses that pushed the gear available past its limits, we

started making our own. Only after getting into the holster-making community did we find a number of other great holster companies. Now we develop our own CNC molds for our lineup as well as sell molds to other holster companies to help make quality, fast production gear for everyone.


Our mission is simple “Make quality defense of life gear and defend the right to self-protection and all it encompasses.” 20% off for IFC Members!


Please stay Ready at All Times, and help us defend all of Iowa’s rights by renewing or joining IFC today.


Shoot Straight, Speak The Truth, and Never Surrender Our Liberties.


Dave Funk
Member, Board of Directors

 

[John4st]

This reminds me of a truck I have had back to the same shop 2-3 times to get fixed and they keep telling me "oh yea we got it this time"

I hope you are right but time will tell.

Thanks for the report.