Image: Foxtrot Mike FM9B 9mm Braced Pistol
We have been following several of the unconstitutional edicts set forth by the Bureau of Alcohol, Firearms’, Tobacco and Explosives (ATF) for several years now. Of particular interest to us would be the ATF’s conversion (magically) of braced pistols to become short-barreled rifles (registered and taxable under the NFA), even though there are millions of these items in use by law-abiding Americans for lawful purposes.
After declaring that braced pistols are not Short Barreled Rifles (SBRs) in the past, the ATF suddenly (as prompted by the 2nd Amendment hating Biden administration) decided to enact a rule (not a law) to declare these pistols as SBRs in January of this year (2023). Since then, there have been several legal challenges to the rule. Recently, a Texas-based Federal District Court judge issued a nationwide stay preventing the ATF from enforcing its rule on pistols equipped with stabilizing devices.
The case, Britto v. ATF, challenged the “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces’” rule. The ATF created the regulation after an executive order by President Joe Biden directing the Bureau to deal with pistol braces. The ATF would reverse years of classification letters and revoke previous determinations issued to brace manufacturers.
The Britto case challenged the rule, claiming the ATF pistol brace rule violated the Administrative Procedures Act (APA). The plaintiffs felt the final rule wasn’t a logical outgrowth of the proposed rule. The proposed rule had a point system (ATF Form 4999) that helped individuals determine if their firearm would be considered a braced pistol or short-barreled rifle (SBR). Most of the comments during the public comment period addressed concerns with the form.
The bottom line is that the ATF and other law-enforcement agencies are enjoined from enforcing the rule for all braced pistols, nationwide. However, the fight is not over by a long shot since the ATF has unlimited tax plunder to continue fighting this ruling all the way to the Supreme Court. In the meantime though, we may all continue using our braced pistols in whatever manner we please.
It now seems to be a good idea to continue (or start) supporting those pro-2A organizations that are making these rulings possible:
Look for the 501(c)(3) foundation of each of the above entities if you want your donations to be tax deductible. Thank you in advance for your support.
Damsel and I each have a special interest in this litigation process.