The ATF can’t arrest anyone for owning a pistol-brace-equipped gun.
That’s the outcome of a ruling handed down by United States District Court Judge Matthew Kacsmaryk on Wednesday. He granted a motion to stay enforcement of the agency’s rule banning the possession of effectively all braced guns that weren’t registered earlier this year. He found the ATF exceeded its power when crafting the rule.
“[T]he Court is certainly sympathetic to ATF’s concerns over public safety in the wake of tragic mass shootings. The Rule ’embodies salutary policy goals meant to protect vulnerable people in our society,’” Judge Kacsmaryk wrote in Britto v. ATF. “But public safety concerns must be addressed in ways that are lawful. This Rule is not.”
Federal Judge Blocks Nationwide Enforcement of Pistol-Brace Ban | The Reload
It is a war of attrition and for once, our side is the one causing it.
Two favorable rulings in a row makes me feel slightly confident, but I know better that dance a jig.
The Rule ’embodies salutary policy goals meant to protect vulnerable people in our society,’” Judge Kacsmaryk wrote in Britto v. ATF.
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No it doesn’t. It hurts “vulnerable” people – in this case gun owners who happen to be disabled – without doing a single thing to help curb violence of any sort.
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The judge ruled correctly, imo, but it sounds as if he never actually questioned the stated intent nor the actual impact.
He granted a motion to stay enforcement of the agency’s rule banning the possession of effectively all braced guns that weren’t registered earlier this year.
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But does his order to stay enforcement include an order to destroy that registry? Or does the BATFE get to keep the list that, if the rule hadn’t gone into effect, they’d never have been able to build in the first place?
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The question has serious implications. Suppose the Administration issues an executive order to ignore federal law and start scanning 4473s into a searchable electronic database. Depending on which judge gets the inevitable legal challenge, that basically gives the BATFE at least a month, but up to two years, to build as big a database as they can, that they might get to keep at the end.
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One thing history has proven: The BATFE, or any other executive agency, does not need freebies.
Well, it’s about time someone somewhere stood up for the rule of law at the federal level. I guess pigs can fly. Who would have thought? But will the ATF honor this ruling? Since the Obama-Biden administration has come to power the ATF has been the personal attack dog of the administration and I believe will be given a green light to do the administrations bidding; to continue to literally, persecute second amendment Americans at will.
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Who ultimately is able to punish the ATF for non-compliance since they are the strong arm of the DOJ? The AG?
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I think I’ll wait before I convert-back my current ATF compliant 9mm AR15 platform pistol to the previous ATF compliant 9mm AR15 PCC compliant firearm. The current ATF compliant configuration lends perfectly to the Retention, CAR and Extended position stances for combat inside of 150 yards when zeroed at 100 yds.
The ATF can’t legitimately or legally arrest anyone for owning a pistol-brace-equipped gun.
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There. FTFY.
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Then again, they can’t legitimately or legally shoot unarmed, non-hostile targets. Or burn down a building filled with women and children. Or shoot non-aggressive dogs just because they want to “talk to the homeowner”.
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Not that it’s ever stopped them before.
Oh they most certainly CAN arrest someone for possessing such a brace. They may not get a conviction but they don’t care because the PROCESS is the PUNISHMENT.
Exactly right Dan. The ATF has been targeting FFLs left and right, forcing them to shut down, spend money to defend themselves without even charging them for any crimes. Confiscation of firearms, issuing threats, terrorizing them and promising to ruin their lives. Here’s a case in point – https://www.okhouse.gov/posts/News-20230830_2