U.S.A. –-(AmmoLand.com)- The ATF has overstepped its boundaries yet again. This time, trying to requalify pistol stabilizing braces as short-barreled rifles.
The Wisconsin Institute for Law and Liberty filed a lawsuit immediately after the ATF’s new rule went into effect. The new rule is a reclassification of pistols with stabilizing braces that give owners of such braces 120 days to either swap the barrel for a rifle length barrel, remove and dispose of the pistol brace or register the firearm with the ATF. Read the full complaint here.
The fine for failing to comply with the new regulation is up to 10 years in prison, $10,000, or both. Former Marines Darren Britto of Amarillo, Gabriel Tauscher of Oconomowoc, Wisconsin, and Shawn Kroll of Hartland, Wisconsin, decided that they could not stand by and watch the federal government use the ATF as a tool to violate the rights of American Citizens.
The Deputy Council for the Wisconsin Institute for Law and Liberty, Dan Lennington, said:
“These military veterans defended our country overseas and now they are defending our rights here at home.”
“WILL is proud to represent these patriots. The Biden Administration has no power to reclassify pistols as rifles, and we will vigorously defend the Second Amendment in federal court.”
The ATF is giving owners of pistol stabilizing braces or similar attachments no later than 120 days after the date of publication in the federal register to comply with the new requirements.
Many argue that the ATF cannot approve the 10,000,000 to 40,000,000 stabilizing braces currently in civilian hands within 120 days. Should this be the case, it would appear the ATF would be entrapping lawful gun owners and turning them into felons for a law that is unconstitutional and illegal for the ATF to create without congressional approval.
According to the lawsuit filed, “congressional authority by significantly expanding the definition of rifle under federal law and, with it, imposes potential criminal liability on millions of Americans exercising their second amendment rights.”
WILL’s website posted: “The lawsuit alleges that ATF’s new rule violates the Second Amendment and the Separation of Powers, which prohibits federal agencies from making new laws without clear Congressional authorization. The suit is filed in the Northern District of Texas. This is the first lawsuit to challenge ATF’s final rule.”
About Dan Wos, Author – Good Gun Bad Guy
Dan Wos is available for Press Commentary. For more information contact PR HERE
Dan Wos is a nationally recognized 2nd Amendment advocate, Host of The Loaded Mic and Author of the “GOOD GUN BAD GUY” book series. He speaks at events, is a contributing writer for many publications, and can be found on radio stations across the country. Dan has been a guest on Newsmax, the Sean Hannity Show, Real America’s Voice, and several others. Speaking on behalf of gun-rights, Dan exposes the strategies of the anti-gun crowd and explains their mission to disarm law-abiding American gun-owners.
I’m not a marine, but I also lost the ability to lift any weight in my off-hand work related (LEO).
These braces put me back in the saddle.
I commented in great detail when ATF was allowing it.
Three times.
They deleted it twice, then ignored it.
So much for public input.
With the exception of the bomb unit, ATF should be defunded and disbanded.
Thanks for sharing Grant. Your input is much appreciated here.
Exactly. Should be the Bureau of E.
You were right the first time, we can wholly dissolve the ATF. I’m sure the Dept of Homeland Security has plenty of “Noise Boys” that are willing to step into explosives arena for our country. And THANK YOU for your service! Keep shooting however it puts you on target!
WHERE does the Constitution provide government with authority over explosives? READ their list of assigned duties. The only exlosive issue thay are assigned to meddle in is that of “repelling foreign invasion”, which they DO NOT DO.
Time for the ADA to get involved on the behalf of all disabled people who use the brace . Are they really in it for disabled people or are they anti second amendment ? We shall see !
Hell no they aren’t! The ADA is just another over-bloated taxpayer funded quagmire of bullshit!
I’m with you on the ADA. My son is 23, physical disability since birth. Most places kind of laugh at you (behind your back) if you can’t get through their aisles, or in the establishment. Only government entities really care about ADA. Now, to the topic at hand: he shoots an ar. Has a brace on a pistol with a 9” barrel. Gets him to 50yds and he has fun plinking. Overall lighter weight let’s him last longer at the range. I have class 7 FFL. I have designed a number of braces for him, working towards a perfect production… Read more »
Praying SCOTUS smacks the shit out of this useless agency.
I’m not holding my breath.
I think we’ll win this, but how long will it take? Many of us are getting long toothed and don’t have decades to wait this out.
Which is why everyone needs to spread all around the fact that the legal system cannot be trusted to get anything right!
We’ve ALREADY won! December 15, 1791! Now it’s just a matter of MORE pontification and paperwork.
I fail to understand WHY ANYONE goes beyond that date in thinking we have to keep fighting to get BACK to that very date?
WE ALREADY WON, now LET’S MAINTAIN IT! This isn’t playground tactics. Let’s just PUSH these f’ckers OUT OF OUR District of Columbia!
Bog – exactly – look how long it took for the ‘bump stock’ ban to wend its way thru the ‘legal’ system. And afaik that ruling only applies within the 5th Judicial District. And of course the bats are already challenging the ruling.
What are they gonna do when 10 million or more of the 40 million don’t comply? Arrest 10 million? Hah!
They’ll wait until a couple young people get killed & a couple agents like they did at Waco before Congress finally disposes of the ATF. Then we’ll have another Oklahoma Bombing too. Body’s gotta pile up.
But why wait for the USSC/SCOTUS to do anything? Didn’t it wait for 49 long years to reverse Row v. Wade in 2022?? And in finally doing so, didn’t it inadvertently admit that it is incompetent, irrelevant and immaterial when it comes to the rendering of correct and just decisions?? Both Kagan and Alito were quoted as saying that it was an EGREGIOUSLY wrong decision! And it is because it was a wrong decision, is why it was possible to reverse it! If it was a correct decision, then there would be no way to alter it at all! So,… Read more »
Smacks it right the hell out of business.
How many stun guns did it take for them to be held as commonly used arms?
Didn’t heller hold that commonly held arms were not to be infringed?
How is a tax and registration on a civil rights not an infringement?
This looks very much like a L for the ATF.
Caetano case on tazers ruled 200k tazers were common use. There are over 700k SBR’s already registered, so common use already applies, before the 10-40 million FBATFE is trying to illegally reclassify. Suppressors are also common use. So both MUST be removed from the NFA, AS COMMON USE IS NOT AND CAN NOT BE “dangerous and unusual”.
250,000 machine guns in the Registry…and only “not in (more) common use” because they were unconstitutionally banned, which I believe has also been addressed.
But for NFA, virtually every AR ever made would have a giggle switch, because there is no reason not to have the capability.
250,000 machine guns in the National Firearms Registry; and the ONLY reason they are not in (MORE) common use is the unconstitutional bans of 1934 and 1986; which I believe has been acknowledged by the courts recently.
If not for the NFA, virtually every AR ever made would have a giggle switch.
This is the third case I have heard of, not the first.
Perhaps they mean theirs was the first in that district? I too thought I had heard of another filing.
How many of us are going to end up in prison for noncompliance? We all know this is unconstitutional. There is no way whatsoever that the commies in the ATF can approve 10M – 40M requests in 120 days bc it takes them up to a year to approve one. They can’t put us all in prison, there isn’t enough room.
How do you figure you or any of us are going to prison? These ass-clowns won’t make the first case past indictment and prosecution. A show-cause hearing will blow them out of the water when they submit their first filing, and the judge will need a long vacation after spending so much energy reprimanding the idiots that try to file the first criminal action!
Get an old receipt book. Make out a receipt evidencing that you sold the thing to someone dead. Be careful of dates. Keep the carbon copy because the buyer always gets the original to prove ownership. You keep the carbon because the seller always keeps the yellow copy.
Get a 1×6 about eight inches long and router something that looks like house numbers (but not your house number) on it. Put it over your house numbers. Won’t they be embarrassed if they get house numbers wrong on the warrant.
There is no such thing as a “Former” Marine.
We will get them straightened out. OOH RAH!
Just sent my request to join this lawsuit. THANK YOU, Dan Wos for getting this information to us!
Thanks for reading. Much appreciated.
OOH RAH! I pray THIS is the beginning of all of my other fellow Marines beginning to stand together in like-type suits against both the states and federal government(s) from here on out! In the meantime, the rest of you guys get behind this project! It took a LOT of prayers to get this place, but finally after searching for the perfect place for Homeless Veterans in the Michiana area, it finally materialized! I should be closing in 60 days! ANY AND ALL ASSISTANCE CUTTING THROUGH BUREAUCRATIC RED TAPE APPRECIATED! Now is time to start filing for 501C3 & Veteran’s… Read more »
Soon you will need to get a permission slip from the government to even talk about their infringemnt of our civil rights: From Atlas Shrugged: “Did you really think we want those laws observed?” said Dr. Ferris. “We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against… We’re after power and we mean it… There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them. One declares so many… Read more »
Americans don’t ask permission, nor will we. Those wanna-be tyrant dicktators can kiss our assssses. We won’t let them arrest us, not feeling like being arrested, and seeing they have no authority we recognize…
Not that I support the rule (or the ATF) in any way, but it’s 120 days to file. The deadline has nothing to do with approval time.
Florida Representative Matt Gaetz is on top of it! Matt Gaetz introduces bill to abolish ATF after new rules on pistol braces | Washington Examiner
Or the 526 that turned in their bump stocks?