SAF is suing ATF re arm braces

SAF SUES BATFE OVER ARM BRACE APA VIOLATIONS
The Second Amendment Foundation today filed a lawsuit in federal district court against the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Department of Justice, alleging violations of the Administrative Procedures Act relating to its flip-flop regulation of arm braces on semiautomatic pistols.

SAF is joined by Rainier Arms, LLC and two private citizens, Samuel Walley and William Green. The lawsuit also names acting ATF Director Regina Lombardo and Acting Attorney General Jeffrey Rosen, in their official capacities. The lawsuit was filed in U.S. District Court for the Northern District of Texas, Dallas Division. The case is known as SAF et. al. v. BATFE, et. al.

“There are several issues at play in this case,” said SAF founder and Executive Vice President Alan M. Gottlieb. “It concerns the failure of the agencies and its officials to abide by long-established and Congressionally-mandated rulemaking requirements, threatening rights protected by the Second Amendment. This is especially important to disabled persons because these devices were originally developed to benefit shooters with physical disabilities.

“We think it is also important to file this case now,” he continued, “because the incoming Biden administration has made no secret it intends to take various regulatory actions and issue executive orders directly affecting gun owners. We’re putting the new administration on notice we will be watching their every move where the Second Amendment rights of American citizens are concerned.”

Plaintiff Walley is a distinguished disabled Army veteran who suffered a traumatic injury while serving in Afghanistan in 2012. He was wounded by an improvised explosive device resulting in partial amputation of his right leg and left arm, and a salvaged left leg limb. He uses arm braces to stabilize firearms he shoots recreationally.

Green is a police officer who suffered a line-of-duty injury resulting in permanent nerve damage to his right hand. He also uses arm braces to stabilize firearms while he is shooting.

“With some two million arm braces now in common use,” Gottlieb observed, “BATF can’t just regulate an accessory like this and constantly leave people confused. We’re asking the court for an injunction to prevent this sort of thing from happening again.”

Plaintiffs are represented by attorneys Chad Flores, Hannah Roblyer and Daniel Nightingale at Beck Redden LLP in Houston, and Matthew Goldstein at Farhang & Medcoff in Tucson.

 

All I know to say is “go get em”! With one side controlling every branch of the gooberment things like this may be our best weapon to
Stop or at least slow down the idiocy that is soon to be handed down for the sake of the children.

 

While it is unpalatable to some, protesting the laws is likely to do better. Kansas and Missouri have NFA nullification laws (Missouri's being stronger and likely nullifying the GCA as well as other laws). This is what it took to push back against badly written drug laws at the federal level.

Note that a Kansas man and his friend were convicted after filming themselves with a silencer. From other avenues I've learned the number of unstamped NFA items is apparently quite high, though I don't own any myself. The people on Youtube etc. are getting stamps due to public scrutiny. Other people don't want to wait so long and feel comfortable ignoring the law.

I understand the purposes of this forum, but:
"If a law is unjust, a man is not only right to disobey it, he is obligated to do so."
— Thomas Jefferson

The general thrust of this forum bothers me quite a bit because of the sheer amount of time that goes into following the minutiae of bad and unconstitutional laws. If you have an FFL this all probably seems fine because you're able to follow the laws in the course of doing business (and the laws give you scarcity and allow you to make money - be honest with yourself), but for most people understanding and following these laws is a massive burden that gets in the way of a protected right to own arms.

 

Life Member here.

 

If we had a decent Congress, a Congressional Review Act would be the way to deal with this, thereby forbidding any further rule-making on the subject. But it is unclear if, BATFE having reversed their faulty decision, a CRA would be procedurally viable. So few CRAs have ever been passed (6 in total I believe) that there is some question on precedent. And it’s unlikely that enough Dems would support in the House or Republicans in the Senate.

 

Sorry, this is bogus:
https://www.monticello.org/site/research-and-collections/if-law-unjustspurious-quotation

I respect your opinions but if TJ actually said half the things attributed to him he’d still be talking today