WI vets sue atf over brace rule

[jak67429]

A pair of former Marines from Wisconsin are among those in the first lawsuit against the U.S. Bureau of Alcohol, Tobacco, and Firearms and Explosives' new rule on stabilizing braces.
The Wisconsin Institute for Law and Liberty filed the suit immediately after the ATF unveiled the new rule Tuesday.
Gabriel Tauscher from Oconomowoc and Shawn Kroll from Hartland both own pistols with stabilizer braces, and both say the ATF is going too far in ordering a ban.


https://share.newsbreak.com/2y0hmxp1

 

[illinoisburt]

A pair of former Marines from Wisconsin are among those in the first lawsuit against the U.S. Bureau of Alcohol, Tobacco, and Firearms and Explosives' new rule on stabilizing braces.
The Wisconsin Institute for Law and Liberty filed the suit immediately after the ATF unveiled the new rule Tuesday.
Gabriel Tauscher from Oconomowoc and Shawn Kroll from Hartland both own pistols with stabilizer braces, and both say the ATF is going too far in ordering a ban.


https://share.newsbreak.com/2y0hmxp1

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[WestKentucky]

https://www.news-journal.com/two-fr...cle_007a7824-8ce9-53a7-bfd7-5b03d450f361.html

No download…

 

[WestKentucky]

And at least 1 of the guys seems to have a solid background.

https://www.fox9.com/news/man-survives-after-being-shot-15-times-in-minneapolis.amp

 

[illinoisburt]

Based on the news story it looks like a loss. The rule allows them to keep their pistol as a pistol (no shoulder stock style brace). Free registration of a short barreled rifle may feel like a an infringement but in government world having to complete a form at no charge generally isn't considered a burden nor is having a list of owners unlawful -- there has been a list for a long time. The third item listed about commiting felonies is more or less hyperbole. Hopefully their legal arguments are better founded than the summary given to a reporter.

 

[BreechFace]

nor is having a list of owners unlawful -- there has been a list for a long time.

Where's this list?

4473's are to be held at the point of sale for no less than 20 years (https://www.atf.gov/firearms/qa/how-long-are-licensees-required-maintain-atf-forms-4473), unless the business goes under.

If you are speaking to the NFA list, then that doesn't apply as the government is forcing a legal citizen to register a firearm that was at one point legal to own and not be on a list with extra federal scrutiny.

 

[illinoisburt]

Where's this list?

4473's are to be held at the point of sale for no less than 20 years (https://www.atf.gov/firearms/qa/how-long-are-licensees-required-maintain-atf-forms-4473), unless the business goes under.

If you are speaking to the NFA list, then that doesn't apply as the government is forcing a legal citizen to register a firearm that was at one point legal to own and not be on a list with extra federal scrutiny.

You cut off the beginning of my sentence stating the registry is for SBRs. The fact is a NFA registration process exists which has cataloged millions of items over many decades. Attempts to argue that submitting paperwork is a burden, especially when fees are waived, is likely to fail when so many other people have obviously completely the task successfully. We don't have the text of their legal arguments in the news story. They will need something better than 'I don't like forms' or 'I don't want to be on a list'.

 

[old lady new shooter]

We don't have the text of their legal arguments in the news story. They will need something better than 'I don't like forms' or 'I don't want to be on a list'.

How about:

-> Changing the rules in the middle of the game, i.e. millions of people bought these knowing the ATF had approved them.

-> And there is a restriction on NFA items, you have to get ATF permission every time you want to take one across state lines.

-> Forcing people in states that don't allow NFA items to get rid of their braced pistols which were previously perfectly legal.

 

[Jeff H]

How about:

-> Changing the rules in the middle of the game, i.e. millions of people bought these knowing the ATF had approved them.

-> And there is a restriction on NFA items, you have to get ATF permission every time you want to take one across state lines.

-> Forcing people in states that don't allow NFA items to get rid of their braced pistols which were previously perfectly legal.

Not being a lawyer, I see your 3rd point as your strongest.