That one had to do with BATFE short-circuiting the comment period on the first go-around for rule-making that BATFE withdrew . . . making the lawsuit moot.They apparently sued 2 years ago. As far as I can tell, it is still in the courts.
SAF RIPS ATF ‘FINAL RULE’ ON ARMBRACES, LAWSUIT WILL MOVE FORWARD - Second Amendment Foundation
BELLEVUE, WA – The Second Amendment Foundation today accused the Biden administration of “once again trying to trample the rights of gun owners” by allowing the Bureau of Alcohol, Tobacco, Firearms and Explosives to adopt a “final rule” on arm braces for modern semiautomatic pistols. While the...www.saf.org
Congress can dump an agency rule declaring it invalid with Joint Resolution, but they're powerless to actually make that happen. Unless you can get a 2/3 supermajority of both the House and Senate to do so in a presidential veto override, you're going nowhere. Biden would veto it within seconds of it hitting his desk, even if you could get a simple majority in the House and Senate. Congressional action of any kind is a waste of time beyond signaling their stance with their constituents. You can count the number of times such a Joint Resolution regarding an agency rule has succeeded on one hand . . . and have fingers left over. The success in getting it tossed will be in the Federal Courts.Where are "our people" on this?
Mr Young?
Mr Braun?
Mr Banks?
Ms Spartz?
etc, etc, etc...
We need some public commentary on this. It's their job. What we elected them for...
.
Congress can dump an agency rule declaring it invalid with Joint Resolution, but they're powerless to actually make that happen. Unless you can get a 2/3 supermajority of both the House and Senate to do so in a presidential veto override, you're going nowhere. Biden would veto it within seconds of it hitting his desk, even if you could get a simple majority in the House and Senate. Congressional action of any kind is a waste of time beyond signaling their stance with their constituents. You can count the number of times such a Joint Resolution regarding an agency rule has succeeded on one hand . . . and have fingers left over. The success in getting it tossed will be in the Federal Courts.
Where are "our people" on this?
Mr Young?
Mr Braun?
Mr Banks?
Ms Spartz?
etc, etc, etc...
We need some public commentary on this. It's their job. What we elected them for...
.
Yet they said on the 13th it will move forward.That one had to do with BATFE short-circuiting the comment period on the first go-around for rule-making that BATFE withdrew . . . making the lawsuit moot.
Read 2nd paragraph and then the 3rd paragraph . . . it was filed in the Northern District of Texas in 2021 and was stayed by that court pending the new rule . . . and that stay hasn't been lifted yet. I predict it will be combined with FPC lawsuit which was just filed in the same district court.Yet they said on the 13th it will move forward.
SAF RIPS ATF ‘FINAL RULE’ ON ARMBRACES, LAWSUIT WILL MOVE FORWARD - Second Amendment Foundation
BELLEVUE, WA – The Second Amendment Foundation today accused the Biden administration of “once again trying to trample the rights of gun owners” by allowing the Bureau of Alcohol, Tobacco, Firearms and Explosives to adopt a “final rule” on arm braces for modern semiautomatic pistols. While the...www.saf.org
That all sounds great, but right now the Democrats control the Senate and presidency, and even when Republicans have held both plus the house in recent memory, they've shown no interest in moving anything forward that helps protect our 2A rights.I still firmly believe that the Best way to deal wit this is in the Legislative rather than Judicial branch. The problem originated in the legislative branch, it should get solved there too.
The Judicial solutions that narrowly address this, will be complex at best, favor the ATF at worst. Unlike bump stocks - that mechanicaly function different than the definition of a machinegun - braces can/do mechanicaly function as a stock - whatever the manufacturers and consumers 'intentions' were. I can foresee judges ruling that a brace is a stock. Then we're left with battles over the law, what the ATF has said and done, authority to legislate via rules, blah, blah, blah. It's going to be messy, and take a long time.
The courts could rule against the NFA etc. on constitutional grounds, and I would love this; but they haven't done it for over 80 years, so I don't see why they would start now. I'll be happy to be suprized. and a lot of money.
OR...
The Congress can immediately reject the ATF rule. If I understood correctly, this only requires the house, and can be done in days. This would deal with the Brace issue now. It's efficient, authoritative, saves a BUNCH of money, and... it's the right thing to do.
(Uh Oh, I found the problem as I typed... that's a BUNCH of money that won't be going into attorney pockets. Never mind. )
Next, They can take a meat cleaver to the NFA etc., legalizing SBR, SBS, and "Silencers". This will take more time and I guess need to get through the Senate, but I'm happy to wait. Unfortunately, it will also take political will (balls). I'm not going to hold my breath waiting on this one.
TD
You mean all those people who haven't repealed one piece of gun control legislation in their entire careers?Where are "our people" on this?
Mr Young?
Mr Braun?
Mr Banks?
Ms Spartz?
etc, etc, etc...
We need some public commentary on this. It's their job. What we elected them for...
.
in the words of Big Red: **** those ****ing ********.All this for a ****ing brace. You can have the gun but you can't shoulder it. Maybe next they can outlaw bag rest. After all, they make rifle more dangerous. I might have put this in purple but given the ATF this remains as an actual possibility. Brace = felony. Ridiculous.