ATF’s 293-page Pistol Brace Regulation is on legal thin ice and the fact that there are both Administrative Law Claims, as well as 2nd Amendment Claims against ATF’s efforts here, bodes well for a victory in favor of the right to keep and bear arms over the Federal Government’s gun control efforts.
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TIMESTAMPS
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0:00 2A Will Win…
0:47 Not Going To Work…
2:22 2 Possible Challenges
5:11 Admin Challenges Argument
6:45 Permission Under NFA
9;47 Thompson Case
13:08 Staples Case
16:09 Common Use Test
19:20 Constitutional Avoidance Doctrine
22:48 Thank You!
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The Four Boxes Diner serves up hot, fresh Second Amendment news and analysis. You’ll get the inside scoop from constitutional attorney Mark W. Smith, a member of the United States Supreme Court Bar, a professor, a frequent Fox News guest, and a New York Times bestselling author. Mark’s books include The Official Handbook of the Vast Right Wing Conspiracy, First They Came for the Gun Owners, and Duped: How the Anti-gun Lobby Exploits the Parkland School Shooting, and How Gun Owners Can Fight Back. Mark’s scholarship has been used by lawyers before the U.S. and he work has been quoted by a federal judge (Roger Benitez) in declaring California’s so-called “assault weapon” ban to be unconstitutional under the Second Amendment.
To defend your liberty, you need to understand the “four boxes” of American liberty: the soap box, the ballot box, the jury box, and the ammunition box. We give you the information you need, and we hope to serve as your source for Bill of Rights news and analysis.
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SUMMARY
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2A TO RESCUE PISTOL BRACES and DEFEAT THE ATF: But it Won’t Happen the Way You Think
ATF PISTOL BRACE LEGAL CHALLENGES: 2A Will Win, But Not The Way You Think…
source
GOA Lawyer asked ATF at SHOT Show what happens when ATF cannot process the Form 1 BIs in 88 days, and the BIs get automatically denied.
ATF Answer: Enforcement action.
I hope you are right regarding lenity, Mr. Smith. Otherwise we will have a whole new population of felons here in the US.
GOA just discovered that the ATF will pursue action against anyone who registers their pistol and it takes longer than 88 days to complete the background check.
Am I the only one who is tired of hearing this "common use" crap?
There were no prohibited (or taxed!) firearms in 1791, or at the time of the passage of the 14th Amendment.
Checkmate.
Go to Guns and Gadgets youtube channel, he talks with GOA at Shot Show and reports on this.
Great video
Mark – if this thing gets TRO'd by, let's say, the Fifth Circuit, does the injunction apply to the entire country? Or does it only provide relief to those who reside within the Fifth Circuit's domain?
Could you address the danger in the new ATF Pistol Brace Rule compliance guidance? I have included a link to the video: https://www.youtube.com/watch?v=DggOmUXxVWY
I believe that there is a third requirement to obtain permission for NFA weapons. That is a request to transport that registered NFA weapon across state lines. That's my understanding from friends that own them.
Didn't they shoot themselves in the foot by reclassifying pistols+braces as NFA? 40 million owners would lead me to believe they're in common use…
It’s all a desperate move by the liberals currently in power in government to put more obstacles in our way in a desperate attempt to try and disarm Americans. The ATF it’s just the puppet, this is coming from up above the ATF you already know who I’m talking about.
If handguns are protected by 2a whats up with California roster? Unconstitutional unamerican
Atf stands for Absolutely Tyrannical F*cks
Not to be a dick, but there is no rule in baseball that says the "tie goes to the runner".
Talked to my Attorney's General here in West Virginia and he told me this will be the next thing to get started on. There are other states and I don't know how many but he's been talking to other states about the pistol brace rule from the ATF.
All of this is moot given the fact there are between 10 and 40 MILLION of these things in circulation.
The AFT is banking on the law abiding remaining so.
DO NOT REGISTER
DO NOT ALTER
DO NOT TURN IN
DO NOT DESTROY
DO NOT COMPLY
Mark W Smith
My favorite geek. That guy makes geeky cool 😎
People panicking about this are wasting their energy and emotions needlessly. Pistol braces are never going to be banned. Just like the ATF attempt to ban the bump stock the “ATF Brace” rule will not hold up in court. It’s a waste of space on YouTube to continue rambling on about this. Let’s quit with the click bait.
While slapping the ATF down for usurpation of powers not authorized it, by the constitution, is good from an overall constitutional basis ( and it is very good for 10A ), it still leaves us with the NFA not being addressed by the court, yet again. That doesn’t specifically help us on 2A. We need the NFA, GCA, and Hughes amendment challenged, and found unconstitutional, as well.
If you register there's a big chance you will get raided by the ATF because you will be denied now you will be in possession of a illegal firearm that's the trap
Certain states say you’re not allowed to carry a rifle for concealed carry so if you register your pistol tour short-barreled rifle you won’t be able to conceal carry if you keep it registered as a pistol you will be able to conceal carry
The left also didn’t go through proper channels when they alter the weather with
Alumni powder dumped from airplanes.
Many thanks for adding Clear discussion to this topic 👌
Think you are very correct, the issue is not the ATF They will never admit that they are wrong and that is the problem, Can't make Law's but Think they are the law.Sorry Not The Case.
I still feel that sbr sbs and suppressors will be removed from list and we will have them in the next 6 months !!!!! Wanna bet?
It’s almost such a terrible ruling, you start to think the ATF maybe actually on our side…
😂😂😂
So, if all these millions of “totally not SBRs” became SBRs without any change besides the concoction of a not-a-law… why didn’t the sky fall in the years between these going from OK to not ok?
Did that make sense? Let’s dumb it down, these guns weren’t causing problems so and were deemed kosher by the ATF so, what exactly is the problem that makes it necessary to encapsulate them with these “oh so dangerous” SBRs?
So… I’ve never heard of staples before. Is the same concept why they let Karen Mallard and Scott Pappalardo get away with making SBRs on video?
This and the video by Armed Scholar are what I've been waiting to hear. Everyone else seems to be gifting just taking a doom and gloom perspective on it. There are too many reasons this shouldn't stand.
This guy just keeps blowing hot air about what he thinks this and thinks that it's just worthless information has no value to anybody he's a fear monger is all he is a nickel dying circus act anybody listen to him they have no business owning a gun
Victory over the ATF.
Godspeed!!!!