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THIS IS ONE OF THE BEST REPY"S THERE IS. In the past, every tom, dick, and harry called the ATF and started asking if the brace was legal, within a few months, they got their wish, the AFT swooped in and made them illegal for the time being.
So you got a point, but nothing really matters until there is a court ruling. So while asking the ATF for clarification may result in a letter that bans, or restricts use, having less clarification could lead to an expensive and lengthy legal battle where it's up to a judge or jury to interpret the law. You also might not win that legal battle. So having more clarification can be better defense.