Fifth Circuit Injunction Against ATF Pistol Brace Rule

On May 26th, 2023 the Firearms Policy Coalition posted that the Fifth Circuit clarified an Injunction Pending Appeal in the case against the ATF regarding pistol braces, Mock V. Garland.  They stated that the injunction applies to FPC members, Maxim Defense customers and the individual plaintiff's resident family members.  

The FPC has been working to fight the ATF ruling that most firearms using what was previously designated a pistol brace is actually a short barreled rifle.  That ruling would potentially make felons out of millions of owners of firearms that have been legal for years.  Since I don't typically give legal advice or opinion on this blog, I encourage readers to check out the FPC website for more information and to get involved, you can check out the article here:  https://www.firearmspolicy.org/fifth-circuit-clarifies

Take Off Brace Sale

I actually saw this story in an e-mail from Rainier Arms before anything from FPC.  With the injunction in place, they are currently selling off a lot of the braces that were pulled off of pistols in their inventory.  

See the photo and link at right as an example, they are selling a take off SBA3 brace for $79.92 as of the date of this post.  Especially if you submitted Form 1 paperwork for your pistol it could be a good price on a slightly used pistol brace.  

I also recommend checking out the FPC and supporting businesses like Rainier Arms that are staying on top of gun rights and fighting to keep them.  Without those groups and the citizens that are writing their congressmen and staying active in the fight for the second amendment we would see the lose of even more of our rights.  Colorado recently buried an assault weapon ban due to massive public backlash, check out that article here: http://www.rmadventure.com/2023/04/2023-colorado-assault-weapon-ban.html

And if you missed it, here is my previous post on the ATF ruling: http://www.rmadventure.com/2023/01/atf-ruling-on-braces-2023.html

2023 Colorado Assault Weapon Ban Defeated

On April 20th, 2023, Colorado gun owners were able to count a win in the gun rights arena.  A proposed assault weapon ban that had been gaining tracking was defeated during a session that went into the evening.  Thanks to messages and e-mails sent to local representatives and over 500 people showing up to the capitol to support gun rights, the assault weapons ban died in place.

https://www.nraila.org/articles/20230420/colorado-assault-weapon-ban-defeated

With anti-gun legislation showing up across the country, it's important for gun owners to get involved in contacting their state and federal legislators.  This is another example of the power that the peaceful gun owning community can have on proposed legislation that is based on fear rather than real data.  In the article linked above, the " NRA encourages lawmakers to tackle the real issue of crime, instead of focusing on law-abiding gun owners."

Supporting the Fight Against the ATF Rule on Pistol Braces

FRAC Files Federal Suit on pistol braces

Since posting a couple weeks ago about the ATF's pistol brace ruling, several organizations have started fighting back through legal action against the ATF.  See the photo to the left for one example from the Firearms Regulatory Accountability Coalition. 

I received an e-mail from Palmetto State Armory a few days ago that was sent out to each of their prior customers.  They have come out with a stripped AR-15 lower with a brace etched into the design.  They have stated that they will donate $10 to the FRAC for each of these lowers that sold.  As of February 17th, the lowers were in stock and $60, which isn't a bad price for a stripped lower, especially if it will help protect our 2nd Amendment rights.  You can pick up the lower here: Palmetto Brace-15 Lower

I would definitely consider finding a way to help support our rights.  Whether you use a pistol brace or not, every time we lose access to a firearm component it is a step down a slippery slope that could end in confiscation.  

Palmetto Brace-15 Lower

ATF Ruling on Braces 2023

On January 13, 2023 the DOJ submitted a final ruling on pistol braces providing a reversal on previous decision defining pistols with braces as still a pistol.  The new ruling will cause millions of pistols to be considered Short Barreled Rifles unless the firearm is modified with a longer barrel, the brace removed, or registered as a Short Barrel Rifle (SBR).

While the average gun owner has 120 days to make the modifications, or register the firearm as an SBR, there have been significant concerns that this is potential first step towards a national firearms registry.

While this blog has generally steered away from the politics of the anti second amendment agenda, it is important that gun owners are aware of this new rule change and how it may affect the firearms that in your safe.  While I do own two SBRs, it knowingly registered those to build a specific firearm.  In stark contrast, millions of gun owners have purchased firearms with pistol braces with the understanding that the ATF has recognized those guns as pistols.  

I highly suggest you stay up to date on this topic if you own braces, or even if you are just concerned with the precedent that this change will set.  Check out SilencerShop and the link below to follow their discussion of the rule change and the potential SBR registration if you choose to follow that route.

https://www.silencershop.com/blog/post/atf-ruling-pistol-braces-2023

You can also take action through the Firearms Policy Coalition.  They have set up a contact page that will let you contact your local senators and representatives.  You can find their contact form here: https://oneclickpolitics.global.ssl.fastly.net/messages/edit?promo_id=18427

 Let me know what you think of the ruling the comment section below: