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With the Stroke of a Pen
The Attorney General of the United States just declared that 40 million firearms must be either
- Registered
- Altered
- Destroyed
- Or Surrendered
…to the Federal Government. Frankly, I am shocked that I am the first writing about it on Ricochet.
Here is the link to the Washington Examiner article discussing it.
There are an estimated 10 million gun owners affected by the “rule” that created a federal offense for an item that was totes legal just this past Thursday.
The offending item is a “pistol brace” that supposedly creates a “short-barreled rifle” out of what used to be a pistol.
Every owner who desires to keep their new shiny short-barreled rifle, must apply, submit to a background check, acquire a serial number, and (for now) the ATF isn’t going to collect the $200 fee. Oh, the fee isn’t waived or anything, they just aren’t going to demand it right now. Maybe later, maybe not – but it will be on record that one hasn’t paid. So you can comply and everything and still come up short.
Here is the language:
This rule is effective the date it is published in the Federal Register. Any weapons with “stabilizing braces” or similar attachments that constitute rifles under the NFA must be registered no later than 120 days after date of publication in the Federal Register; or the short barrel removed and a 16-inch or longer rifle barrel attached to the firearm; or permanently remove and dispose of, or alter, the “stabilizing brace” such that it cannot be reattached; or the firearm is turned in to your local ATF office. Or the firearm is destroyed.
The same government that is unable to deport 20 million illegals is totally ready to create 10 million felons.
Overnight.
Like they did yesterday (well, to be fair, 120 days after they publish the “rule” in the Federal Register).
ATF Delenda Est.
Published in Guns
They are easier to cancel is the thinking. Thus easier for criminals to use in crimes. It’s the same as with a sawed off shotgun. Concealing either of them isn’t easy, it’s much easier to hide a traditional pistol, but it’s easier than a full length rifle.
I wonder when they will come for bullpup configurations? After all, a 16″ bullpen is significantly shorter than a traditional action.
As an example an AR-15 with a 16″ barrel is usually about 35″ in overall length. Springfield Armory has a newish bullpup in 5.56 with a 16″ barrel that is 28.5″ in overall length. That is like an AR-15 with a 10.5″ barrel, an SBR.
No. I’ve been waiting for the ATF to control these things for years, so I avoided them.
Last year was the year for me to get trained and get a handgun and range membership. It looks like this year is the year to join or contribute to a 2nd amendment positive gun ownership organization.
I have picked up a bad vibe – earned or not – about the NRA. Rand Paul seems to think that the Gun Owners of America is worth a look. They do seem to discuss their legislative efforts more than the stuff they want to sell me (like the NRA).
Any recommendations?
Maybe, but don’t count on it. It’s one thing to say that assault rifle bans are improper since the AR-15 is the most popular rifle in the US, thus in common use. Pistol braces, sort of like bump stocks, aren’t as common and I could see 2 (Roberts and Gorsuch come to mind) of the 6 (at least, I’m not convinced of Barrett or Kavanaugh either) not being willing to apply the Heller or Bruen precedents to what they woukd claim is an “edge” case.
Sort of like magazine capacity bans. The problem is the Fudds who will turn you in at any range you bring it to, or even on private property when they are brought over by a friend. They think they are “doing the right thing”. It’s tough because if I went over to someone’s ranch and they were modding ARs to be full auto that IS illegal in the exact same way under the NFA. What will get bad is when a Fudd turns whonwas we turns them in and then the Feds nab everyone else who was there and didn’t turn in the SBR, for obstruction or any other felony charge they can make stick.
Being on the right side of the moral arc of the universe means never having to say you’re sorry.
The National Association of Gun Rights is one of the groups I have supported in the past. The NRA has issues, but it still is worth supporting in my view. Gun Owners of America is fine as well. My opinion is that all of them are worth supporting. The NRA is specifically targeted by the Left so I will support it. I’ll be happy when they get rid of Wayne LaPierre, but even so, they are drawing fire and thus allowing other groups to not be attacked. It’s also good to support firearms companies and local gun stores as you can. Even if it’s buying supplies or clothing from a local range/store you keep them in business.
Pistol braces on SBRs seems similar to the bump stock issue. Both can be seen as an attempt to modify one’s way around a longstanding rule. Want a legal full auto rifle? Simulate it with a bump stock. Want a legal SBR? Replace the stock with a pistol brace.
Personally, I don’t think I’d find either of those to be useful. Whether we should make them illegal is another matter.
@ctlaw posted this 5th Circuit decision in The Firing Line. If the bump stock ban won’t stand, then I don’t see the courts upholding the pistol brace rule either.
That in itself seems ass-backwards to me. It feels like pistols should be regulated harder than rifles, since pistols are used far more often than rifles are when committing crimes.
Short barrelled rifles are more easily concealed.
Pitiful . . .
18 U.S. Code § 926 forbids the creation of a firearm registry under the control of the US Government or any state. Yet, these gun ‘taxes’ do that very thing.
Pistols should be regulated less than they currently are.
Here is an example. Today, I can drive to Texas from my home in Louisiana and buy a car. I may drive that car home, same day. The same cannot be said for buying a firearm (any firearm). In that circumstance I drive to Texas, pass a background check, pay for the firearm, then I must pay to ship the firearm from the location in Texas to a friendly FFL here in Louisiana. All this to exercise a constitutional right that “shall not be abridged.”
So less regulations than what we have today, please.
It’s getting harder and harder to believe some of the policies pouring out of the Biden administration. Lord help us to eliminate them by electing a common sense president in 2024.
Jim,
As much as I defend free speech, I’m an even greater believer in the right of conscience — the right to believe what you believe and never be forced to recant those beliefs.
I think it would be more appropriate to ask the author of that infamous post if he still believes what he wrote in the heat of the moment. If he does, asking for an apology is not only pointless but wrong, and I’d hope he wouldn’t give one.
In any case, it was a long time ago.
(For what it’s worth, I happen to think that it was an editorial mistake and a seriously bad moment for Ricochet. I condemned it loudly at the time. But it seems like water under the bridge now.)
Don’t you have to pass the background check AGAIN in Louisiana before taking possession of the gun from the FFL in Louisiana?
Yes.
FWIW I think the NFA tax is the equivalent of a poll tax. Poll taxes were outlawed by the 24th amendment.
“Dude, this was like two years ago!“
Snort!
Of course, we are talking about one intemperate blog post, not the unnecessary deaths of several Americans. So, yeah, I’m willing to let this one go. ;)
Fortunately not stopping or deporting illegals has freed up enough resources that they can go after the 10 million newly-illegal gun owners.
And the gun-owners don’t tend to move around and work for the underground economy. Most of the gun-owners have conveniently volunteered their addresses too.
The Second Amendment Foundation (saf.org) is another good organization. They do a lot of work in the courts, fighting unjust gun laws, without as much notice or fanfare as the NRA or GOA. I joined SAF a year or so ago and they don’t badger you with constant pleas for more money like some other organizations. Check them out.
It’s worth noting that many of these groups, and the Institute For Justice which also does a lot of good legal work, can be supported through your routine Amazon purchases without “costing you” anything extra. Amazon donates .5% of your purchases made through smile.amazon.com once you select who you want to support.
Just be careful to get the right group you want to support, because there are a lot of groups with similar names. Also remember to do your buying through smile.amazon.com because just using amazon.com they don’t do the contributions. Even if you’ve already signed up, you have to buy through smile.amazon.com EVERY TIME.
Yeah. It’s dumb, but if you don’t sign in on that specific page, smile.amazon doesn’t get anything. Too complicated for Jeff Bezos to figure out, I guess.
The first problem is that as you delve into the rule is that most braces have a surface area at the very rear to hold it together and lend strength. ATF has weaseled that fact to mean that any such surface area means that the brace is “really” designed to be used as a stock. There is a factor list that translated means few braces will escape regulation.
Enraging is the fact that ATF has maintained for over a decade that these items are legal, and has thus allowed a multi-million dollar industry to flourish, employing thousands of people. These guns are very widespread. ATF should be prevented from benefiting from a punji pit that THEY dug.
Section 1, Article 1 of the Constitution:
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Got that- all legislative Powers are vested in Congress and only Congress. No Federal Agency under the Constitution – but don’t tell that to the Supreme Court – can make law.
The Republicans in the House should pass a bill that says no laws can be enforced that have not been originated and passed by Congress and signed the Chief Executive ( or passed over his veto) or those individuals that try to enforce such laws should be considered at war with the United States of America and as such tried for Treason and Executed and their estates fined $100 billion dollars.
But, but….. doesn’t the Senate have to pass it too, and get it signed by our Supreme Leader.? Yes, but there is a little thing called the Debt Limit fast approaching like a runaway train and needing the House’s approval to add more debt – the life blood of the Deep State. We need to simply shut it all down until the rule of this nation is returned to We the People. All it takes is the cajones to make it happen.
We have literally now millions of those laws that have been inflicted upon us without passing through Congress. These laws foisted upon us by the Administrative State have become now the Supreme Law of the Land , superseding those passed by Congress under the Chevron decision. Put an end to it. Now. Take back our country from the Deep State Tyrants.
Both houses are happy to pass the buck.
We’re all much safer from criminals since Friday.
Thanks, ATF! Go get ’em, fellas.