FPC Sues ATF For Illegal Pistol Brace Ban
Photo Source : SixRock Munitions
Just as the ATF officially published its final version of the ‘pistol brace rule’ this week, a lawsuit was also promptly filed on Tuesday, January 31, 2023 to challenge the government agency. To follow the case, you can search “Mock v. Garland” online or check back with us in subsequent newsletters
The Firearms Policy Coalition (FPC) is suing the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) over the unconstitutional agency “rule” that would criminalize millions of gun owning Americans who have AR pistols equipped with pistol braces.If unchallenged, the pistol brace rule aims to turn all AR “pistols” into "short barreled rifles" which require registration with the ATF and a $200 tax stamp under NFA rules. FPC argues that this ban violates our Second Amendment rights and it exceeds the ATF's statutory authority; it’s arbitrary and capricious. Additionally, FPC is seeking a declaration that this ban is unlawful along with an injunction to prevent ATF from enforcing it.
This is the chief complaint in Mock v. Garland (other than violating our 2A rights) - that the ATF is operating outside of their scope of authority (Administrative Procedure Act) and they do not have the right to regulate firearm accessories in this way without the purview of Congress.
In the past couple of weeks we’ve addressed this troubling issue in our newsletter, the “120 day grace period” that the ATF is using to incentivize gun owners to register their AR pistols as SBR’s… As it sits, if nothing is done many of us will be technically branded as felons.
Thankfully, FPC has taken the lead in this case as they continue to protect our rights as firearm owners to possess and use firearms and accessories for lawful purposes. Please take a look at FPC and what all they do to combat this unjust "legislation" and see how they are committed to upholding our Second Amendment and consider contributing to their fight for our rights.
Florida At Bat, Constitutional Carry On The Table Once Again
Third times the charm? Florida has once again put Constitutional Carry on the table with their House Bill 543 which was filed this week. It was unfortunate that in 2022 republican leaders dropped the ball, failing to come to a consensus which would have made Florida the state that brought the Constitutional Carry movement into the majority. Currently, we have 25 states that have enacted some form of Constitutional Carry and we are rooting for Florida to become the 26th.
There are elements of “Constitutional Carry” that are not only about the freedom of carrying a concealed firearm without a permit. It also enhances the legal protection for those who do have permits. One of the worst ways that law abiding gun owners can get hung up by the law is carrying in a state that doesn’t reciprocate or honor their permit. That is just ridiculous. You can drive a car, boat or even fly a plane in any state with an issued license.
Many people have been wrongfully imprisoned or even killed due to the arbitrary nature and requirements of “state reciprocity.” Which is also why many gun owners that travel often domestically tend to collect as many non-resident CCW permits as if they were rare Pokémon cards.
If you need a refresher on what Constitutional or permitless carry means, USCCA has great resources on educating when and where you can or cannot carry without a license or permit issued by your state.
The bill will likely reach the sunshine state’s House floor on February 7th; this is a huge move in our freedom as Americans to protect ourselves and those around us. Stay on the lookout here either next week or two from now, once we know more definitive details on the Constitutional Carry situation in Florida!
Revisiting Oregon, An Update on Measure 114
One of the biggest 2A battles occurring in the pacific northwest right now is Measure 114 (in Oregon).
For a quick run-thru of Measure 114: There are two main initiatives of this measure. First is to outline the procedure for needing a permit to purchase firearms in the state of Oregon. Second is the outlaw of owning, buying, selling, etc. of Standard Capacity Magazines, requiring 10 rounds or less in any of your firearms.
This measure was passed in November of 2022 and on December 23rd 2022 Judge Robert Rashio presided over the case. He issued a temporary restraining order against both the permit to purchase situation and the restrictions of standard capacity magazines.
Nothing has changed since then, so nothing about Measure 114 is legally in effect just yet. Oregonians who are awaiting their background checks to clear for recently purchased firearms are, rightfully so, furious as their State Police remain in a state of chaos with no way of assisting the thousands of gun transfers which are currently in limbo.
As most of you know, many states have a rule about background checks that allow buyers to take possession if the NICS doesn’t give a response within 3 days. Some states also have their own internal system that is conducted by either their state DOJ or state police. Well, if the Oregon State Police take more than 30 days to issue an approval, the gun buyer is unfortunately back to square one and a new background check has to be conducted.
What’s worse, is the mass confusion this is causing for manufacturers and retail distributors in the gun industry. Many companies are opting to not ship products to Oregon out of fear of Measure 114. We, 80 Percent Arms, have chosen to wait and see how the court rules so as to not be reactionary. At this time, Oregonians can still buy all our 80 lower jigs, 80 lowers and standard capacity mags.
It’s confusing, we know. The next hearing for the federal case has been scheduled for late February (this month). If you live in Oregon.. hang in there, friend. Previously, Judge Rashio explained that he would hold another hearing once the State of Oregon actually has a permit system in place that would be operational in a timely manner.
More to follow on this story as it unfolds.
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