In this episode we discuss the approaching end of the pistol brace grace period and what to do now.
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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. In this podcast, we'll talk about all things related to the Second Amendment anything else going in the news or anything going on in my personal life. So welcome, welcome, welcome. As promised, last week I did not get an episode out. It was a crazy, crazy week. We had, my son graduated last Saturday. We went to my great niece's ballet dance recital on Friday night. She's four. And then we all day Saturday was tied up with graduation. Then my great niece stayed with us Saturday night, so we were busy and it was a lot of fun. Got to see all of our family, our most of our family anyway, but no time for a podcast and really there wasn't a lot for me to talk about that I. Thought was of, of interest to anybody, but now we do. So just a couple updates from the last time we talked. So the first thing I wanna update is the Supreme Court case, or the, the case that Amy Coney Barrett in the Supreme Court interjected into out of the seventh Circuit where Illinois and then the City of Naperville have. An assault weapons band and had gone to the Supreme Court or gone to the seventh Circuit and the plaintiff decided to go directly to the Supreme Court to ask for them to interject on the case before it was actually processed through the seventh Circuit. And surprisingly Amy Coney Barrett Supreme Court Justice, who is over the seventh circuit. Actually decided to hear this case, or at least respond to it. And she gave the defendant a very short window of time to respond on why she shouldn't enter an injunction to pause the law until. The case was settled and unfortunately when it came back, she allowed them to go ahead with the, in the injunction or go ahead and didn't issue the injunction. I apologize for that and. You know, there was a lot of conjecture back and forth and, you know, what's this mean for the Second Amendment? She's weak on the Second Amendment, you know, let the left is celebrating the right is ringing their hands. And from the people that I, you know, follow and, and listen to the scholars around Supreme Court and legislation and judicial matters said that it would've been really, really surprising if in the middle of a case At the appeals court if the Supreme Court actually stepped in, they don't do that. They want the, all the legal items, issues to be leg negotiated or heard before it come, comes to them. But it was interesting that Amy Coney ever took an interest. So there, that is positive, but we can wait. We can expect though that this case is gonna make it to the Supreme Court. In one way or the other and the Supreme Court's gonna probably hear it, and it could mean a lot of it could wipe out all of these assault bans that we have going on. So, not great news, but wasn't devastating and, and really would've been more shocking if she had done something apparently. Now the next item. Is a pistol brace rule, and we are, as of the recording of this, 12 days away from the end of the grace period that has been issued. So as a reminder, in January, a new rule went into effect May, saying that AFA pistol brace is attached to an AR pistol that makes that a short barreled rifle, and thus it needs to be registered as an NFA item. And the ATF gave 120 day grace period, which is goes through May 31st for everybody to register their pistol braces slash. Ar pistols as short billed rifles and they waived the$200 tax stamp to do, to allow you to do this. So we have, there's been several court cases. The judicial committee has reviewed and passed a law out of committee to ban this rule. But it has not hit. The floor, the House for Vote or the Senate, and it would not even get signed by the president. But then there's also several court cases that are in flight right now regarding this, that originally, you know, my advice to people was sit back and see what happens. Let's wait and see. Well, we're getting toward the end and the wait and see window is closing on us. So, People are gonna have to do something because unless something happens in the last TW next 12 days, there's a likelihood that the grace period's gonna end. And if you haven't done one of really three things, you will be a felon in possession of an unregistered item. So what are those three things that you can do? This is the way I see it, and not everybody can do one of, or all of all three of these depending on what state you live in. But the three options that you have is to, one, register your pistol as a, as a short barrel rifle. That's the first thing. You can go and, and register it and put your name out there and address and everything like that. The second thing is you can remove the brace. And not attach it to the ar pistol. So the interesting thing about this, unlike a lot of the other items that are, have been ruled on, especially recently, like bump stocks and force reset triggers and auto key cards and solvent traps, all those types of things that we've seen, those items were considered. Those individual items were considered machine guns or suppressors, such as the, the bump stocks were said that if you have a bump stock, you are in possession of a machine gun, so you had to either destroy it or register it. The, you couldn't be in possession of it without it being registered. The brace is not considered one of those items until it is actually placed on. The pistol so you can actually be in possession of it and not be breaking the law as long as it's not attached to your pistol. Do you wanna be in that situation? I don't know. And then the third thing you can do is you can add a longer barrel onto your pistol, add a stock to it, and make it an AR rifle and not be a short rail rifle. And then, like I said, the other thing is you can just destroy or throw out your pistol brakes. One of those, you know, if you, if you are your. Destroy or throw out your AR pistol if you wanted. But really the three things are remove it, register it, make the pistol into a rifle. Those are your three things. So what do I suggest? I don't know. It really depends on your situation. If you don't register it and things don't change, you're forever kind of in limbo at that point in time, cuz now you, you would have to go and register it if you wanted to attach it, and then you're gonna be miss the window and you're gonna have to pay$200 tax stamp to do all that. So it's really up to the person. I fullheartedly believe that there's gonna be some case settled that's gonna make this rule unlawful, unconstitutional. And we can go back to the way we are. And at that point in time, I wouldn't want to have a, an item registered with the N F A if I didn't have to. So that's my suggest. My su indirect su suggestion is to remove it and wait and see. But, That may or may not work for you. It is really up to each individual, but you're gonna have to do something, one thing or the other because you don't wanna get in the position of having a pistol brace on a sh, on a rifle or on a pistol and not have it registered at the on June one. And then, By some happenstance, some ATF agent comes kicking in your door, and now that you're a felon, I don't know what's gonna happen. I don't know how they're gonna enforce this. There, there's a lot of unknowns on this, but again, we're down to 12 days, so something's gonna have to be done. And. That is my advice to you. We will sit and wait and see, but in the meantime, again, it just shows why we have to get rid of this administrative state. Get rid of the atf. We have got to start really clamping down on. Who we put in office and then what they do with the people that they hire. It is ridiculous. So I appreciate you listening. Thank you. Share this with other people. Do all those types of things. Follow like it, do whatever you want. Appreciate it. Have a great weekend.