Attorney | 2A Advocate | Dallas / Houston 🤘🏿| Firearm 🔫 & Car 🏎 Enthusiast |🎥...
The ATF is not a law-making entity, they're not allowed to make laws, but they try to get away with it by calling them rules.
Recently a document that I don't think they meant to get out got out where about the New Rule they're likely going to release about pistol braces in December that says this:
"Due to the upcoming Amnesty Registration of Pistol Brace weapons, photos of the weapon being registered will be required to prove the weapon does utilize a pistol brace in its configuration and would qualify for amnesty registration."
In short, they're going to give people an Amnesty period so they can register their guns with braces on them. But there are a few problems.
Amnesty implies that there was a law you were aware of, but you broke it anyway, and the government is going to let it slide.
But when the millions of people bought their braces, they weren't illegal to buy or own, and there wasn't a law requiring that they be registered.
Now the ATF is trying to retroactively pass a law disguised as a Rule that would make you a felon if you don't register your brace within their amnesty period.
This doesn't have a grandfather clause that says this law, masquerading as a rule, will only apply to new purchases of braces, and all previous braces are ok.
The ATF is essentially saying, we know it was legal before, but now it's not, so we're going to hold you accountable for something you did in the past that was legal when you did it.
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