National Pistol Brace Litigation Post 01/31

[Yarome]

01/31 FPC filed lawsuit

https://assets.nationbuilder.com/firearmspolicycoalition/pages/6710/attachments/original/1675196674/Mock_v_Garland_1_Complaint.pdf?1675196674

Their announcement:

FPC Files New Lawsuit Challenging ATF Pistol Brace Rulemaking

Today, Firearms Policy Coalition (FPC) announced the filing of litigation challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Final Rulemaking on firearms equipped with stabilizing or pistol braces.

www.firearmspolicy.org

Read More

 

[wired]

Someone asked me the other day why the brace to SBR thing was still going. He said lawsuits were filed already so why haven’t they stopped? I didn’t know how to tell him this will still be getter kicked around 5 years from now if not longer

 

[Yarome]

Someone asked me the other day why the brace to SBR thing was still going. He said lawsuits were filed already so why haven’t they stopped? I didn’t know how to tell him this will still be getter kicked around 5 years from now if not longer

Possibly true, but as hot as a topic as it is and in light of other 2A infringments pushing toward the SCOTUS (AWB, MB's, etc.)... "5 years from now if not longer" is a real stretch, IMHO. In the interim, if injunctions are granted it has the same affect as being made moot.

I dunno why it would be such a difficult question to answer. Simply filing lawsuits doesn't change anything... only if a stay/injunction is actually ordered by the courts.

Pretty Easy Peasy.....

 

[wired]

The courts view of 2nd amendment infringements has historically been different that the typical gun owners view. Maybe its changing maybe just a little. Bumpstocks are the most recent measure. 5 years and still no resolution . I know one circuit court said no but the ATF still doesn't allow them.

The guy I was talking to down the street was of the opinion tat it was going to take days not years for an injunction. Months maybe and really IMHO because the website server is going to go up in flames soon. The shotgun to DD conversion in 94 was given 6 years with maybe 1/10000 the volume to work with.

 

[Yarome]

Speaking of which. GOA, GOF and Texas AG file suit against the alphabet today in Southern Texas court:

EXCLUSIVE: GOA, GOF, TX AG Filing Suit Against ATF Pistol Brace Rule

Gun Owners of America (GOA), the Gun Owners Foundation (GOF), and Texas Attorney General Ken Paxton are filing suit Thursday against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF's) pistol brace rule.

www.breitbart.com

 

[Yarome]

The guy I was talking to down the street was of the opinion tat it was going to take days not years for an injunction. Months maybe and really IMHO because the website server is going to go up in flames soon.

In all fairness... it "could" be days (but not likely), weeks... probably... months for any kind of response from any of the courts to respond is really on the outside since many of these filings are emergency filings to prevent it's enactment prior to the amnesty period ending... and millions of law abiding folks suddenly being open to arrest and imprisonment overnight.

I would say that makes it a fairly pressing issue for the courts to respond to in some way... before the deadline ...wouldn't you??

 

[wired]

I think once the end date approaches they'll be forced to extend it. 120 days is patently unrealistic given their setup

 

[Yarome]

I think once the end date approaches they'll be forced to extend it. 120 days is patently unrealistic given their setup

If the form server goes up in flames as you predict... I believe that's highly likely.

I'm not entirely conviced though that the federal government is somehow limited to pre-2010 technology and completely incapable of employing any technological advances to increase their systems abilility to meet greater demands.

Just sayin....

 

[wired]

If the form server goes up in flames as you predict... I believe that's highly likely.

I'm not entirely conviced though that the federal government is somehow limited to pre-2010 technology and completely incapable of employing any technological advances to increase their systems abilility to meet greater demands.

Just sayin....

You haven't used their system much I see.

 

[ilikegunspdx]

In all fairness... it "could" be days (but not likely), weeks... probably... months for any kind of response from any of the courts to respond is really on the outside since many of these filings are emergency filings to prevent it's enactment prior to the amnesty period ending... and millions of law abiding folks suddenly being open to arrest and imprisonment overnight.

I would say that makes it a fairly pressing issue for the courts to respond to in some way... before the deadline ...wouldn't you??

My question is what status will the brace amnesty have if an injunction is put in place? Fe will atf stop all processing of applications (new and existing)? Only stop new applications not already submitted?, Continue with the applications submitted so far and have them qued up but not finalized until/if injunction is lifted? Should be interesting.

It may be a slim chance but it's possible that some free sbr stamps will go through and then the whole brace rule is enjoined until a final ruling throws out the brace rule. That would be interesting.

 

[wired]

My question is what status will the brace amnesty have if an injunction is put in place? Fe will atf stop all processing of applications (new and existing)? Only stop new applications not already submitted?, Continue with the applications submitted so far and have them qued up but not finalized until/if injunction is lifted? Should be interesting.

It may be a slim chance but it's possible that some free sbr stamps will go through and then the whole brace rule is enjoined until a final ruling throws out the brace rule. That would be interesting.

Who knows? I assume they'll keep accepting applications and processing them.

 

[Yarome]

My question is what status will the brace amnesty have if an injunction is put in place? Fe will atf stop all processing of applications (new and existing)? Only stop new applications not already submitted?, Continue with the applications submitted so far and have them qued up but not finalized until/if injunction is lifted? Should be interesting.

It may be a slim chance but it's possible that some free sbr stamps will go through and then the whole brace rule is enjoined until a final ruling throws out the brace rule. That would be interesting.

That would be interesting indeed. Just speculation, but one possibility is that the final rule would not be enjoined in it's entirety. Possibly only the enforcement portion... meaning... the current alphabet process would continue, but they would lack the ability to actually enforce any non compliance.

So, basically... continuing to accept and process applications under the final rule provisions... including the forebarance on the fee.

Another option might be that the final rule is enjoined in it's entirety. In that case... yeah... it would get interesting. I would imagine any applications in process would be treated as a normal pre rule application for an SBR. From there... do they then get a bill for 200 bones? Do they have the option to withraw their application? Will there be an exception to continue the process under the conditions in place (exempt) at the time the application was filed?

I highly doubt they would terminate any applications as a result. After all... this is all about registration and control. "How" they handle them with regard to the fees though... who knows!?

Any injunction also wouldn't compel them to terminate an application voluntarily submitted... just as if it would have been pre rule.

 

[wired]

Its a tax free transfer form. Unless they require you to refile on a different form they cant just send you a bill

 

[The Heretic]

NRA, 25 states sue Biden ATF to stop 'arbitrary' and 'unlawful' pistol brace rule | Fox News

The NRA filed a lawsuit in North Dakota challenging the Biden administration's new rule regulating pistols equipped with stabilizing braces as short-barreled rifles.

www.foxnews.com

 

[wired]

Come on stamp , hurry up

 

[ilikegunspdx]

NRA, 25 states sue Biden ATF to stop 'arbitrary' and 'unlawful' pistol brace rule | Fox News

The NRA filed a lawsuit in North Dakota challenging the Biden administration's new rule regulating pistols equipped with stabilizing braces as short-barreled rifles.

www.foxnews.com

Wow 25 states that's impressive. Already Arkansas and Oklahoma sheriffs statewide have said they will not enforce.

I know the first 2 lawsuits were filed in north Texas and I would be very surprised if that court doesn't issue an injunction based on past record of that court.

 

[ilikegunspdx]

Come on stamp , hurry up

The Jan 14 guy on Reddit I think he said his took 21 days fwiw. Can't be long now I would think.

Edit: oops it wasn't the Jan 14 guy, some other guy.

 

[wired]

The Jan 14 guy on Reddit I think he said his took 21 days fwiw. Can't be long now I would think.

Edit: oops it wasn't the Jan 14 guy, some other guy.

View attachment 1362705

Yeah but Im the Jan 13 guy! Dammit.

 

[ilikegunspdx]

NRA, 25 states sue Biden ATF to stop 'arbitrary' and 'unlawful' pistol brace rule | Fox News

The NRA filed a lawsuit in North Dakota challenging the Biden administration's new rule regulating pistols equipped with stabilizing braces as short-barreled rifles.

www.foxnews.com

I think this is the text of the lawsuit.

https://www.gunowners.org/wp-content/uploads/GOA-Paxton-Brace-Lawsuit-FINAL-COMPLAINT.pdf

 

[Wombat of Doom]

Come on stamp , hurry up

Just 1? I have like 8 of them pending