In this episode we discuss the ATF's new ruling on pistol braces and what you should do with yours if you have one.
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Well, welcome to the Live to Shoot podcast. My name is Jeff Dole and I've been a licensed firearm dealer for the last 15 years. And this podcast we talk about all things related to the Second Amendment, might throw in a sports story or anything else going on in my life. So welcome, welcome, welcome, hope everybody is doing great. lot to talk about this today, but before we get started, you know, I don't, pat run commercials. Have ads don't promote things typically. But I do wanna encourage you if you're, listen, if you're listening to podcasts, look, check out the Fountain app and I'll have a link in my show notes to it and use my referral code because by listen, using the Fountain app, you actually can earn. Bitcoin Satoshi, and we've talked in this podcast. You know, I'm a big supporter of Bitcoin. I think it is an opportunity for us to get away from the fiat dollar and go into all that. But, and everybody, I believe needs to have at least some, some Bitcoin, and this is an easy way for you to get it. It doesn't cost anything while you listen to. Podcast, you'll actually earn some small stats. It might just be 10 stats for podcast and you know, it's not much. It'll add up over time. And then you can also use that to Support other podcasts that you use and you're listening to 'em through the Fountain app. Me being one, you could actually boost me and if you use my referral code, you'll earn more SATs while you listen and so will I. It's just a great way to just earn some free Bitcoin. It's a good app. I really like it. And just do it. Check it out. All the links will be in the show notes. But I really appreciate it. Now onto what we were gonna talk about today, and that is the atf. We have had some A big ruling that came down that they have issued their final rule on the stabilizing braces and it's, you know, it's not good. Basically what it is doing is it's a very vague 200 some odd page rule that goes into all these different criteria for you to determine whether or not the brace that you have on your AR pistol or. Are any pistol for that matter, whether it converts that pistol now into a short barrel rifle and goes into, and then, you know, is there an optic on it? What's the length of pool? How big is the surface area? What is the weight, the total weight of everything? And it's very. Complicated. And I'll put a link into the rule in the sh in the show notes as well. There'll be a lot of information in the show notes, but it's taken, what an estimate of 10 to maybe 40 million people and turn 'em into felons. And you know, that is, that is a reason why we have got to fight back. You know, we've had just a, a, a recent victory and I think this is where this rule will end up landing as well. So the fifth circuit court of appeal. Shot down the ATFs bump stock ruling that they were machine guns and that, you know, comes back, goes all the way back to, you know, the Las Vegas shooting. And then they, you know, wanted to outlaw these things even though there still been no report that actual bump stock was actually used during that shooting. But you, that can enhance the rate of. Of, of a rifle using a bump stock. And so they've ruled that that bump stock, not the rifle, but the bump stock is a machine gun and the fifth Circuit overturned it. And the reasons they, that they gave, one is that, The at TF had previously ruled that bump stocks were not machine guns. And, and, and the second reason was they said that bump stocks technically don't meet the definition of a, of a machine gun, of what the A T F had actually done. And three, they just said the rule was too vague, it just did not, wasn't easy to understand and, and gave too many loopholes. So I believe that's what's gonna happen to this rule one. ATF has already said previously, that's that pistol braces were legal when they first came out. Sig, who started all this in a letter, got a letter back from ATF saying, yep, yep, you're good to go. No problem here. But now, Got the Biden administration and they're going after these evil things that, that they are really designed to help people that have, have disabilities and handicaps to be able to more easily fire their, their weapons. So ATFs already ruled two, doesn't meet the definition of an spr r. It's a, it's a, it's a brace that attaches to your arm. And three, the rule is just crazy and it's vague. And so I believe ultimately that it is gonna get overturned and shot down, but in the meantime we have to deal with it. And so what can you do? And so the ATF in their wonderful helpfulness has given you some outlines. And so they provide the a chart and the basically what can you do. And so what we're, we'll talk primarily about. Somebody that's just a, a, a user, an unlicensed possessor is what the ATF will refer to you. Law abiding citizens. You can replace the barrel on your pistol to make it 16 inches longer. That's the first thing you can do. You can just remove the brace so that it cannot be attached. Three, you can call your local at. And report yourself. Three can destroy the firearm or four, and this is the one the ATF is pushing. Then you can go on and register it as an N F A item. And if you do that in the next 120 days, you don't have to pay the stamp so you can destroy your perfectly legal firearm. You can call the ATF and say, Hey, come check out all my stuff and tell me what's legal and what's not. Three, you can stick a longer barrel on, on something, which makes no sense because that's not the way it was designed. And then you can remove the brace so that it cannot be reattached and again. That leaves open that, that loophole. And there's some, you know, other scenarios for FFLs and, and dealers and things like that in this chart, but let's talk about the, the individual. None of those are good options because one, your law, buying citizen, you don't have any reason why you need to destroy your firearm. You definitely do not wanna be calling the ATF and asking them to come and, and get your stuff. You don't wanna be turning your firearm from a, a pistol to a long gun by adding a longer feral, in the most cases. I don't think that's a, a, a reasonable solution. And then trying to remove it, and so you can't attach it again. Very I'm not sure even how you would go about that. And then the other one, registering is an N F A item for 120. And if you do it in 120 days, and that is that is they are setting themselves up to fail the ATF years ago, years ago, came out with their E-forms and they were the system where you go and online file form one s, form threes, form fours, all those types of things for your NFA type items, and it just, the system just crashed. It was not designed to be able to fact handle the number of people that were using it, so the ATF ended up. Disabling the ability to do form four s, which are the h, the, the largest percentage of what's done out there. That is the, A dealer or somebody has a registered N F A item and they're transferring it to another party. And that's done, that's not a dealer that's done on a form four and it, so they said, okay, we, we can't do that. Well last year, They came out in January and said, Hey, we're rolling this back out. We've redesigned the system. It only took 'em like six year, eight years. Eight years to redesign the system, I think, and we're gonna do it in 90 days. and again, grossly underestimated the system still seem to be forming well, but they grossly underestimated the number of people that would be supplying it. And we are well into nine months on what the turnaround time is on these E-forms. And now we're going to have 10 to 40 million people in the next 120 days try and submit form one s on the ATF system. It's not gonna work, it's gonna fail. So what is my advice to you? To do, and this is what I'm telling my, my, the customers. And I, I've had a lot of customers asking me, what is my advice? And that is, and I am not a lawyer, this is not legal advice. This is podcaster to listener. Okay? Not even f Ffl dealer typically do nothing. Do nothing. Let's sit and watch to see what happens. The gun owners of America are filing lawsuits Matt Gates. Has actually put in a, a bill to disband the at t F entirely. Don't think that's gonna happen, but let's sit back, let's watch what happens. And I believe the dust is gonna settle. The, at t f is going to delay this pull it back. It could even make it to the courts and get shot down right there. But before the 120 days happens. I believe some clarity is going to arise about how insane this ruling is. And so sit back, be patient, and let it all work out. Then if things go a certain way. Yeah. They might get lost in a boating accident, right? Wink, wink. So I appreciate y'all listening. Like I said, check out the Fountain app, follow me on it. If you like what you have value to value, you know, boost a few stats to me. But hey, if not, no worries. I appreciate all the listeners. And you know, share this. Let everybody know we gotta go and I'm also gonna put a link in there for that the Goa Gun Owners America put to where you can send a letter to your congressman automatically using this and telling them what your thoughts are on this new rule. We have got to get the at ATF and flow their role. So appreciate it. Have a great day and talk to you.