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Brace Yourself, This Isn’t Over



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We all knew that when the ATF went after Q for it's Honey Badger, that it wasn't going to be a one-off event. Rather, those familiar with the uneasy history between the Bureau of Alchohol, Tobacco, Firearms, and Explosives, and the gun owners, that the sudden Cease and Desist issued to Q would be seen as the first crack in a levy holding back unrestrained regulation against what has quickly become one of the most common and popular firearms types in America. Millions of law abiding citizens have chosen to add pistol stabilizing braces to their firearms, and now those accessories, and the guns they are attached to, are again in question.

History

The origins of the Pistol Stabilizing Brace are mysterious to some, and a tale of entertaining woe to others. For decades, the legality of Short-Barreled Rifles has been a head scratching problem. Tales of gangsters and coach-wagon style bank robberies suggest that the original legislation was meant to curb the recent string of crime against financial institutions, and sound like they properly belong in the days of prohibition. For some laws, it seems like this rule of time applies: either they are repealed when their “heroism” is no longer needed, or the survive long enough to become villainous. Even if the stories are true, the reality of both organized crime, and how short barreled rifles fit into our contemporary America, have changed and drastically. It's common knowledge, or at least should be, that such things are rarely used for illegal purposes, not that the legality would help much.

Above: So many choices, so many, problems?

But in recent years, the use of Pistol Stabilizing Braces has nearly revolutionized the Firearms industry, with most major manufacturers offering not only a full sized rifle, but a pistol variant, with a brace included to aid the purchaser in firearms safety. For a while, the ATF had looked dubiously on Pistol Stabilizing Braces, and even if the lines looked blurry, it was something fundamentally outside of their control, if examined in a system of checks and balances. That not necessarily being the case, for years it seemed like nebulous activities could magically turn law abiding citizens into felons over night, a true American Nightmare.

But that eventually sorted itself out. However, the peace between the ATF and Americans was a tenuous one, beset by uncertainty and mistrust. It was understood that adding a Pistol Stabilizing Brace to a Pistol would not make it a Short Barrel Rifle, or a NFA item, and it was also understood that if someone incidentally set that brace in their shoulder, it couldn't be ruled as a felony.

But Wait, There's More

When Q made the Cease and Desist letter public, a cringe could be felt across the nation. This didn't look good, by any means. While those who champion that one esoteric manufacturer saw it as a direct targeting, even persecution, the rest of the industry winced, knowing that it wouldn't end there.

And now it seems the dreaded day has come, or at least is on the Horizon. Like an enigma of the pseudo-apocalypse, harbingers of fate and danger suggest that the ATF is preparing their case not only against Q, but SB Tactical, which requires that they are at least partially aware of how it will ripple across the entire firearms industry, and the nation as a whole.

At the core of the dispute, it seems, will be the differentiation between models of Braces, some approved by, and other not, by the ATF. We just wonder how long they have been sitting on this information, holding it like bait or abiding their time until political plans can be sprung.

The documents below suggest that it has been at least two years, as the Bureau has supposedly notified SB Tactical that only two models were officially approved. That didn't stop hundreds of manufacturers from utilizing the safety-enhancing benefits of SB braces.

 

Breaking the System?

So for years, inventors, entrepreneurs, engineers, and American-Grown self-starters sought to introduce new tools into the market, only now to be challenged by the question of their own legitimacy against the ATF, which, as we understand, is regularly scrutinized for being one of those institutions which somehow has the ability to produce, interpret, and enforce their own dictum on society. Real Checks and Balances there.

Taking another specific case, these documents were uncovered in another Freedom of Information Act Request by a certain John Crump. Using an otherwise undisturbed SB tactical Brace, an undisclosed shotgun was determined as a Short Barreled Shotgun, perceiving the Brace as other than designed: a stock.

Here's the dubious line:

 

And where the reviewer determined by that the firearm presented must be intended to be fired from the shoulder. For those in tune with the history of this onerous experience, the ability for the ATF to determine intent has been called in to question as not only morally challenging, but legally problematic.

Where Do We Go From Here?

Like the already arduous election, we expect to learn more in the near future. In the mean time, while we're attempting to contemplate what we are thankful for, or while disguising our Thanksgiving Day celebrations as something more politically palatable, the question will be hanging in the air. Whether or not we should be expecting some sort of definitive ruling against an item that has found itself at home with millions of American's is open to interpretation, but it doesn't look like something we should be holding our breath for.

In the end, we are all expecting this spat to continue like a never-ending argument between the dysfunctional couple in the apartment above us. It would be nice if the landlord would install some better sound-proofing… Those who stood up the ATF are long gone and that duty lies on the shoulders of us as citizens. In the same way, we also have plenty of skin in the game, as individuals, as Americans, and as a whole.

So long as there is one Free person, the Second Amendment will live on. In the mean time we know that it is Alive and Well, for the time being.


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11 Comments

  • Mike says:

    If ATF allows the brace. Then the SBR rule should be done away with. I’m not an expert but I see little difference from the 2 firearms. Let me know what you think?

  • Joe says:

    The ATF, and governments in general, don’t need to go house to house to oppress us and deny us our rights. It suits their purposes just fine if they can ARBITRARILY enforce the myriad of laws on the books to target people they don’t like and give a pass to those that are of a politically protected class

    • Sivispace says:

      That’s why I am opposed to agencies. They are part of the Executive Branch illegally exercising Congressional power. I don’t care what the Supreme Court said rationalizing this practice. It is unconstitutional! Agents are not elected; they have no accountability and zero transparency.

  • Brian says:

    Lawyer up and fight like hell, or roll over and play dead. The choices are simple. Gun owners new and old have a choice. Not making a choice, too, is a choice.

  • Francisco says:

    I see tens of thousands of felons in the near future. Question is, who will actually fight these tyrants, or will everyone lay down like they did for the Assault Weapons Ban and Brady Bill?

  • Jim Hovater says:

    The BATFE needs to be on the ‘Endangered Species’ list, along with a host of other anti-Consitutional ‘ABC’ agencies.

  • Mike says:

    The ATF has unlimited resources and a whole passel of judges and politicians that will go along with them. The judges and politicians have a vested interest in this as it chips away at the 2A.
    The ATF will present it as a very much needed prohibition for the safety of the public. A public that has no idea what a pistol brace is and that a braced AR/AK has probably never been used in the commission of a crime. I don’t know the answer to this danger other than maybe a class action law suite if that is even possible in a case such as this.

  • Ray says:

    Why are the idiots of the Left (& the ATF) so blind? A brace has never been used to commit a crime, so they want to outlaw it? It is crystal clear to any moron that criminals who commit crime with ANY weapon MUST be harshly punished, in lieu of being pacified and patted on the back. Wake the hell up, Judges !!! DO your damn jobs !!!!

  • LVLouisCyphre says:

    SB Tactical started this mess by selling braces they didn’t get a specific approval letter for. If they would have done that we probably wouldn’t be in this mess now. My pistol builds are using a Gearhead Works Mod 2 which have a specific BATFE approval letter. It’s entirely possible because of SB Tactical’s stupidity that pistol braces may go the way of bumpfire stocks because they marketed about three dozen braces that don’t have a specific BATFE approval letter.

  • Mike D says:

    ATF doesn’t get to “allow” or “disallow” pistol braces because they are now a factory installed item on “common use firearms” and perhaps most importantly they are originally intended for people with disabilities and I will ADA lawsuit their butts into oblivion because I need a pistol brace since I use a cane to stand or walk. PLEEEEASE ATF discriminate against me so I can retire rich after a disability discrimination suit!

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View Comments

  • If ATF allows the brace. Then the SBR rule should be done away with. I’m not an expert but I see little difference from the 2 firearms. Let me know what you think?

  • The ATF, and governments in general, don't need to go house to house to oppress us and deny us our rights. It suits their purposes just fine if they can ARBITRARILY enforce the myriad of laws on the books to target people they don't like and give a pass to those that are of a politically protected class

    • That’s why I am opposed to agencies. They are part of the Executive Branch illegally exercising Congressional power. I don’t care what the Supreme Court said rationalizing this practice. It is unconstitutional! Agents are not elected; they have no accountability and zero transparency.

  • Lawyer up and fight like hell, or roll over and play dead. The choices are simple. Gun owners new and old have a choice. Not making a choice, too, is a choice.

  • I see tens of thousands of felons in the near future. Question is, who will actually fight these tyrants, or will everyone lay down like they did for the Assault Weapons Ban and Brady Bill?

  • The BATFE needs to be on the 'Endangered Species' list, along with a host of other anti-Consitutional 'ABC' agencies.

  • The ATF has unlimited resources and a whole passel of judges and politicians that will go along with them. The judges and politicians have a vested interest in this as it chips away at the 2A.
    The ATF will present it as a very much needed prohibition for the safety of the public. A public that has no idea what a pistol brace is and that a braced AR/AK has probably never been used in the commission of a crime. I don't know the answer to this danger other than maybe a class action law suite if that is even possible in a case such as this.

  • Why are the idiots of the Left (& the ATF) so blind? A brace has never been used to commit a crime, so they want to outlaw it? It is crystal clear to any moron that criminals who commit crime with ANY weapon MUST be harshly punished, in lieu of being pacified and patted on the back. Wake the hell up, Judges !!! DO your damn jobs !!!!

  • SB Tactical started this mess by selling braces they didn't get a specific approval letter for. If they would have done that we probably wouldn't be in this mess now. My pistol builds are using a Gearhead Works Mod 2 which have a specific BATFE approval letter. It's entirely possible because of SB Tactical's stupidity that pistol braces may go the way of bumpfire stocks because they marketed about three dozen braces that don't have a specific BATFE approval letter.

  • ATF doesn't get to "allow" or "disallow" pistol braces because they are now a factory installed item on "common use firearms" and perhaps most importantly they are originally intended for people with disabilities and I will ADA lawsuit their butts into oblivion because I need a pistol brace since I use a cane to stand or walk. PLEEEEASE ATF discriminate against me so I can retire rich after a disability discrimination suit!

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