TLDR: A Federal district court has ruled that during the course of a case regarding validity of the ATF’s rule on pistol stabilizing braces the rule may shall not be enforced.

Important Background Info:

What’s a pistol stabilizing brace?

It’s an attachment designed to latch onto the a person’s forearm to stabilize a firearm.

Whats the deal with them?

An early draft of the 1934 National Firearms Act was going to add restrictions to pistols and also had restrictions on short barreled rifles & shotguns to avoid people skirting the rulings on pistols. The pistol part got removed from the final bill but the short barrel rifle/shotgun bit didn’t. The ATF has switched back and forth but their current opinion is that putting a brace on a pistol turns it into a rifle. Most pistols with a brace have short barrels making them unregistered short barreled rifles in the eyes of the ATF.

Not a law but a rule?

The Administrative Procedures Act lets government agencies interpret laws but not make new laws. Agencies must announce a proposed ruling and have a comment period before implementing it. Here the ATF claims the brace meets the definition of a stock, turning guns equiped with them from being classified as pistols into rifles. The plaintiff says this final rule is too different from the proposed ruling they had a comment period on and the braces aught to be protected by the Common Use doctrine.

  • Jake Farm
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    fedilink
    711 months ago

    They have already shown that they will ignore court rulings they dislike.