Great News on Pistol Braces 10/2/2023

Great news on pistol braces. The ATF got their asses stomped pretty good.

Read the Opinion here:

Watch video for lengthy but thorough review.

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I thought there was already an injunction in place against the ATF brace rule?

Folks need to be aware that it looks like this injunction also only applies to members of the groups named in it so if you do not fall into one of the listed groups you are still subject to the ruling until it hopefully gets completely overturned.

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Yes…

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Membership in the FPC is free. You can join right now and donate any money you want when you want.

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It is and they are great, but my understanding is it’s too late to be a part of that injunction after the fact, had to already be a member.

But, I haven’t watched the latest video maybe that changed?

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I’m already an FPC member just wanted others to be aware this rule does not apply to people who are not members.

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Maybe watch the video first…

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Working on it, lots to do today and it’s over 30 minutes.

Do you have a specific timestamp you’d be willing to share where it explicitly states the answer straight up? I haven’t found a direct explicit answer myself yet…just trying to learn don’t want to infer something that isn’t there

Edit: 28 minutes later guns and gear reads that states that ALL FPC members are covered by this continuing injunction.

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Here is an article with a brief summary of the situation:

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Yep, all members. Sorry didn’t mean to be short on my answer. I’m swamped today and wanted to share. Just meant that the whole video is full of important updated info. Many of the statements in the opinion have deep repercussions going forward and create precedence for other challenges.

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There is a faint, tiny, but tangible, glimmer of hope that the entire ridiculousness of SBR’s even being a thing goes away completely.

As Garand Thumb said in the recent SBR video…they are “rifles”.

NFA can go away now please and thank you

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Is the injunction for GOA members still in effect these days?

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According to mr guns and gear’s video, no, but he expects, FWIW, that will follow today/tomorrow on the tails of the FPC the way they did the first time.

So to me that means currently unless you are an FPC member, braced pistols are potentially 10 years in federal prison. But, tomorrow maybe not a crime?

Such a cluster that shouldn’t even be a thing

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Interesting case. Too bad the Court analyzed this as a 2nd Amendment matter rather than a 10th Amendment jurisdiction case.

The Court started with the observation …

“Authority to administer and enforce the Acts is vested in the Attorney General, 26 U.S.C. §§ 7801(a)(2)(A), 7805(a); 18 U.S.C. § 926(a), who delegated that responsibility to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”). 28 C.F.R. § 0.130. The ATF has subsequently promulgated rules and regulations in keeping with that delegation of authority, including by classifying particular weapons and devices as subject to or exempt from federal regulation”

The 10th Amendment provides:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

In my view, a plain reading of this case is that regulating firearms is not a power specifically delegated to the United States by the Constitution, thus, the Attorney General and his delegee, the ATF, lack the power to regulate firearms. But, that horse left the barn during Prohibition when the ATF was established.

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Thanks sir

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This is not over yet and understand that this is being kicked up to higher levels of the Judicial system. The constitutional mess that the ATF has created and the latest nonsense that they got them selves into pushed into by the executive branch will have repercussions for years to come.

In the mean time, to those that don’t have the time to read the whole thing let me net it out. If you own an AR Pistol and have even a shred of a doubt about the legality of your current configuration focus on THIS:

So in summary, it cost nothing to join, so just go to the website and become a member.

By the way the court also asserts the fact that enhancing a pistol to make it more efficient for self defense is consistent with the 2A. That semi-automatic pistols are the most common self defense gun in current use and therefore a “brace” that makes them more better for this use is in fact a good thing. But that opens a whole new road of examining other things that the ATF has banned, such as stocks in general.

So take from that what you will…

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The guy at the gun store today told me that USCCA also got their injunction approved for all USCCA members. Is that the case? Can anyone verify that?

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I don’t think that is a thing

I believe the only possibilities (ask them directly to confirm) are FPC and possibly GOA

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I’m eyeing a CZ Scorpion 3, hoping I can find a brace for it.

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