Live to Shoot - Defending our 2nd Amendment Rights

What to Do With Your Pistol Brace

April 14, 2023 Jeff Dowdle Episode 159
Live to Shoot - Defending our 2nd Amendment Rights
Help us continue making great content for listeners everywhere.
Starting at $3/month
Show Notes Transcript

Welcome to the Live Shoot podcast. My name is Jeff Dole, and I've been a licensed firearm dealer for the last 15 years. In this podcast, we talk about all things related to the Second Amendment. Might throw in a sports story or talk about something going on in my personal life. So welcome, welcome, welcome. Today is April 14th. I took last weekend, last week off from the podcast just for Easter and just clearing my head. Take a little break, but we're back at it now and hope everybody had a great Easter and getting ready to go full speed and, you know, turn into to summer baseball has started and loving it. My rangers are off to a pretty good start, so we'll see how that goes. So, Today I'm gonna, we're gonna be talking about the pistol brace and what we should be thinking about doing over the next 45 days or so. That's how much more time we have left in the grace period. And so just to recap, the ATF issued a new ruling regarding pistol braces and basically declared them a N FFA item and that you need to register your pistol brace and ar pistol that it attaches to as an S B R, or you are now a felon. And there are millions of these out there, and they so graciously gave everybody 120 days to get this done with without having to pay any type of, of tax stamp, the $200 tax stamp or to, to register the item. And so we are right at about 45 days, May 31st is when the grace period ends. The ATF is put up on their E-Forms site, a special place to go and get this done. What are we, what are we gonna do? So when this first came out and I discussed it, my opinion, my advice was, let's not do anything. Let's see what happens. There's gonna be a, a. A bunch of lawsuits probably swirling around this, and surely, surely, you know, this thing is gonna, a stop is gonna be put because this is clearly unconstitutional what the ATF has done, and it definitely violates the second Amendment. So we are, like I said, past the 60 day mark and there's been, there are quite a few lawsuits. Nothing has really. Been determined yet we did have a somewhat of a setback. There was a lawsuit monk v Garland that was a, a asking for temporary injection relief from the, the law, the ruling, and it was turned down by the judge. Now, people that have analyzed this, the judge that has was, seemed to be a favorable judge, has ruled favorably for the Second Amendment. You know, people were a little confused by, by his ruling looking at it, it looks like he was just, he's really asking. You know, give me some more evidence. Your arguments weren't strong enough. I need to know I need more. Right? And ultimately he said that there's nothing, you know, he's not, if restricting the, the purchase or sale of, of pistol braces you just have to, so he didn't believe that it's re you know, infringing on your second amendment, that you can use 'em for whatever you want. And if you do attach 'em to a, a firearm, you have to register that firearm. We'll see, but there's really actually two other lawsuits out there that are, that are much better cases. There's the state of Texas gun Owners of America and several others versus the at t f, and in that they're looking for a nationwide temporary injunction on. This ruling. And then there is the firearms Regulatory Accountability Coalition versus Garland, or versus the atf, I'm sorry, or versus Garland, I believe. It's out north, North Dakota. There's 26 attorney Generals on board with this lawsuit, and so it looks to be a. A, a strong case as well with almost half the country or over half the country signed onto this one. So those are still pending. And to recap, you know, what are your options? And, you know, originally I said let's not do anything. So you can, your options are, you can permanently remove the brace and make it where you cannot attach it anymore. You can add a longer barrel onto your firearm over 16. You can file the form one to convert it into a, a short billed rifle. You can turn in the firearm to the atf or you can destroy the firearm. So, most of these options aren't really great. You know, my opinion is, is if you don't re, you don't need to register and give the info, the government, any information on your guns. That you don't have to. And that's why my advice right now is, is let's not do anything. If it comes down to it and it, nothing is done immediately, the what I would do is I would let the grace period expire. I still would not register it. I would remove it separate them and, and, and continue to wait because I still do believe that this is going to be overturned. You know, there. Congress has, has legislation in, in place that they're trying to get done around this. They're trying to reign in the control of the atf. Some are actually wanting to abolish the atf which would be a, a, a great thing. They are tyrannical organization in a lot of sense. I mean, there's a lot of good agents, a lot of doomed. Good work out there. I interact with them. Never had any problems with the ATF as an ffl, but I think from the leadership from the Department of Justice they're really trying to, you know work with the leftist gun and control advocates and really take away all of our guns. That is where I believe the ATF is at this point from a top down, and that comes from Merrick Garland, who's runs the DO OJ and all the way through. So, Again, we're gonna keep our eye on these two lawsuits. We're gonna watch what happens. We're gonna revisit this probably in a couple weeks, right around the May 1st timeline, see how things are looking, see if there's anything more definitive happening. But again, right now, I'm gonna stick with my advice. Let's do nothing and see what happens. So, take care, share this podcast. You know, the, the concern is too, that there's a lot of people out there that may own these pistol braces. Don't follow the news on a regular basis. They bought one five years ago and they have it and you know, they're not big, you know, into the gun gun news and following things and maybe not ever heard about it. And. Potentially in 45 days, they're felons. So share this podcast with people. Let people know what's going on. Help 'em stay informed, help 'em fight for their, their second amendment rights because it's gonna take all of us to continue to pro protect the Second Amendment because they are coming forward and they want it very badly. They want to eliminate the Second Amendment. They wanna take our guns, they wanna make us beholden to them. They want to be a tyran. Government with all the control. And I say that and I believe that very strongly. So share it. Tell people about it. Spread the word. Help your friends. Take care and have a good weekend.