National Pistol Brace rule Dropped!

[ilikegunspdx]

Got a notice today from the FPC that they were successful in getting the court to grant an injunction in Mock v. Garland.

View attachment 1426465

And then there's this:

More to come...

Only affects the named plaintiffs, not the full fifth circuit or the nation unfortunately.

 

[ilikegunspdx]

Worth pointing out:

The injunction on the rule only applies to the plaintiffs in Mock v. Garland.

Simultaneous post!

 

[VinnieBoomBah]

Simultaneous post!

 

[sobo]

FPC lawyers asked for a clarification if all FPC members are also covered. I did not see where the judge ruled on that question...

 

[ilikegunspdx]

FPC lawyers asked for a clarification if all FPC members are also covered. I did not see where the judge ruled on that question...

If FPC can get judge to say all FPC members that's great but that woudl still be not the nation or even the 5th circuit unfortunately. Still hope with the other 2 suits though.

 

[CamoDeafie]

So. Day 1 post Amnesty period. Members of SAF, GOA, FPC, and customers of this one brand seem to be covered by the injunctions, however this still leaves a good number (millions) of Americans who are now "felons" if they did not comply in the following ways;


1. Remove brace "permanently so that it cannot be reattached" (director said just remove is good, ATF tweets and websites says otherwise) firearm is now pistol and not under NFA

2. Put 16" or longer barrel on. (Easiest, depending on firearm) basically Thompson/Center Arms Contender kit method; full rifle and not a pistol but could go back to pistol if remove both brace(stock) and barrel.

3. Destroy firearm

4. Turn firearm to ATF right... what's stopping them from arresting the person right then and there after today?

5. No longer possible; apply for free tax stamp. Now you gotta pay $200 and do one of the first 2 so that you aren't considered to be in "constructive possession"




I have yet to hear or read of ATF doing mass raids on those who haven't complied... even though there's supposedly 87,000 new IRS agents (or openings)

 

[bradsteen]

WA Gun Law guy has changed his mind on it.

 

[ilikegunspdx]

WA Gun Law guy has changed his mind on it.

I put very little in stock in that guy's opinion now. He and serranto made the rookie mistake of not getting clients in grant county to keep it there so now the hb1240 injunction effort is moved to a county where it is all but a certainty they will lose. Acts very confident and says he is 100% right even when he is wrong. He and his buddy serranto made a rookie mistake that could/has make the difference between WA residents getting hb1240 enjoined or not. Im not saying he is wrong in this video, just that I don't trust his judgement very much.

If GOA had made that rookie mistake in Harney County then OR m114 would have went into full effect on dec. 8, 2023. That's really an unforgivable mistake by "experts" that are extremely highly paid to know better. Gun law guy and serranto said they were "surprised" at the judges ruling. As Col Jeff Cooper said, "you can be forgiven for being beaten, but never for being surprised". I.e. they did inadequate preparation and weren't ready for this most basic move by the state to win. Now they will lose almost certainly and so will WA state residents. Fortunately they are not the only active injunction effort in WA.

 

[RX-79G]

I have yet to hear or read of ATF doing mass raids on those who haven't complied... even though there's supposedly 87,000 new IRS agents (or openings)

How would they do that? Using the National Pistol Brace Registry? Even if such a list existed, no one is going to "raid" homes on the chance that people didn't comply.

So what are you talking about?

 

[CamoDeafie]

How would they do that? Using the National Pistol Brace Registry? Even if such a list existed, no one is going to "raid" homes on the chance that people didn't comply.

So what are you talking about?

The same way they've been going after owners of FRT triggers? Subpoena/request credit information from merchants and FFLs and use computer keyword search for "brace Pistol"?

 

[RX-79G]

If brace stuff gets enforced, it is going to largely be add-on charges, and a few from local police and Forestry who ask the right question of a target shooter and get a dumb answer. It is largely unenforceable because there isn't even a marking requirement for a spot check of SBRs.

 

[RX-79G]

The same way they've been going after owners of FRT triggers? Subpoena/request credit information from merchants and FFLs and use computer keyword search for "brace Pistol"?

If there was a screw you could remove from an FRT to make it legal, it would be analogous. But the ATF has given so many brace compliance options that FRT owners don't have that pistol brace buyers are in a different boat.

And then there's the fact that a considerable number of braces have no record of any kind of a retail sale.


It is as absurd as trying to track magazines.

 

[The Heretic]

The practice is to go after a few people they (the gov) can make an example of, with the intention of the word getting out and scaring the rest of us. This almost always actually works to some degree, even if the "raids" don't result in a prosecution.

Sure, the gov isn't going to knock on everybody's door, but all it will take is a few and then many will fall in line and comply. Do you want to risk that you won't be one of the few to "win the lottery" (with the prize being lawyers and court fees, and the jackpot being years of prison time and a big fine)?

 

[RX-79G]

The practice is to go after a few people they (the gov) can make an example of, with the intention of the word getting out and scaring the rest of us. This almost always actually works to some degree, even if the "raids" don't result in a prosecution.

Sure, the gov isn't going to knock on everybody's door, but all it will take is a few and then many will fall in line and comply. Do you want to risk that you won't be one of the few to "win the lottery" (with the prize being lawyers and court fees, and the jackpot being years of prison time and a big fine)?

They wouldn't have probable cause given that you can just swap barrels or toss the brace.

Unless you advertised you noncompliance here on NWFA.

 

[CamoDeafie]

Unless you advertised your noncompliance

How many people have done just that online, even if no photos?

"Never comply!" "Not going to comply with "illegal" rules" "F AFT", etc.

 

[ilikegunspdx]

The practice is to go after a few people they (the gov) can make an example of, with the intention of the word getting out and scaring the rest of us. This almost always actually works to some degree, even if the "raids" don't result in a prosecution.

Sure, the gov isn't going to knock on everybody's door, but all it will take is a few and then many will fall in line and comply. Do you want to risk that you won't be one of the few to "win the lottery" (with the prize being lawyers and court fees, and the jackpot being years of prison time and a big fine)?

Very true. Also what if OSP or local Leo or whoever contact them. They likely have to respond (not necessarily prosecute but they probably have to follow up). All it takes is the atf agent who takes the complaint to be an bubblegum or want to pad his numbers and they can go after you in a heartbeat if they want to. They even confiscate airsoft guns saying they can easily be turned into real machine guns, why would a goofus atf not go after a real (according to atf) violation if they wanted to? A braced pistol now has the same status and penalties as an illegal machine gun or SBS.

 

[sobo]

What a phuq'n idiot... One can only hope that this mental giant lost his job over his ludicrously factless statements...

 

[ilikegunspdx]

What a phuq'n idiot... One can only hope that this mental giant lost his job over his statements...

He was promoted (not kidding). I can't recall what atf location is now but I researched what happened to him. At atf the worst literally rise to the top. Some other federal agencies are similar. Make a mistake and they have to move you, usually via a promotion.

 

[RX-79G]

How many people have done just that online, even if no photos?

"Never comply!" "Not going to comply with "illegal" rules" "F AFT", etc.

A lot, and it is stupid to do so for a number of reasons.

 

[sobo]

He was promoted (not kidding). I can't recall what atf location is now but I researched what happened to him. At atf the worst literally rise to the top. Some other federal agencies are similar. Make a mistake and they have to move you, usually via a promotion.

What phuq'n bullscheet... but it figures...