A Florida Congressman sent a letter (see below) to the ATF this week imploring the agency to keep its regulatory fingers off a certain pistol brace owned by thousands of citizens.
“We understand that ATF is currently considering restricting one arm brace model owned by over 700,000 Americans,” Congressman Gaetz (R) wrote in a letter signed by six other lawmakers.
“We strongly urge ATF to cease taking any actions and reconsider or rescind any secret determinations which call into question the legality of firearms owned by millions of law-abiding Americans,” he continued.
On his podcast, “Hot Takes with Matt Gaetz,” Rep. Gaetz explained that the ATF “is making it very difficult for people to have arm braces. They’re changing standards and changing rules.”
Gaetz goes on to say, “And I am particularly frustrated when our government, at the administrative and executive level, goes beyond their grant of authority in our Constitution and in our Federal Statutes. Nothing gives anyone at ATF the ability to constrain the use of arm braces.”
To eliminate confusion and to protect innocent gun owners from being prosecuted by Big Brother, Gaetz and his colleagues included these three questions in their letter:
- What specific criteria does ATF use to determine whether a firearm is designed and intended to be fired from the shoulder?
- What specific ATF publications are available for Americans to determine whether their firearm is designed and intended to be fired from the shoulder?
- How many firearms with affixed arm braces have been evaluated by the Firearms and Ammunition Technology Division in support of other law enforcement agencies or criminal prosecutions?
GunsAmerica reached out to several industry insiders and were told by one individual, who spoke on the condition of anonymity, that (a) the ATF is still filled with Obama appointees who are not exactly the most gun-friendly people and (b) that these individuals would love nothing more than to stymie Trump’s re-election chances by ratcheting up restrictions on pistol braces this Fall.
SEE ALSO: Everytown Decries ‘Open Carry Loophole,’ Calls for Nationwide Ban
While the ATF would never admit that it has a political agenda, it may be true that they have an ax to grind against President Trump. For starters, he is Trump, which makes him enemy number one if you’re a deep state bureaucrat.
Second, one can argue that Trump embarrassed the agency when he strong-armed it into banning bump stocks in 2018. Remember, ATF claimed it didn’t have the authority to do so on its own, that only a law from Congress could make it so. But Trump put their feet to the fire and they capitulated.
The good news, I’m told, is that unlike bump stocks the Trump administration has no issue with pistol braces — if for no other reason that were president Trump to take another public stand against an innocuous firearm accessory there would be an immense backlash from the gun community. Keep in mind that there are at least 3 million pistol braces in circulation.
Put quite simply, Trump can’t afford more gun control on his watch. He needs gun owners to show up at the poll in November. And, again, I’m told, that Trump is going to look out for the 2A faithful moving forward.
To some extent he has made good by issuing two executive orders in 2019 that check the ATF’s ability to go rogue on its rule-making procedures:
- Executive Order on Promoting the Rule of Law Through Improved Agency Guidance Documents
- Executive Order on Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication
Shinning a light on the ATF’s backdoor conversations on pistol braces is a good way to get out in front of this issue. We should thank Congressman Gaetz, and the six others, Reps. Bill Posey, John Rutherford, Daniel Webster, Neil P. Dunn, W. Gregory Steube, and Ted S. Yoho who sent this letter to the DOJ and ATF.
As it stands today, no one is coming for your brace. But as always, stay tuned for updates.
They have no constitutional authority to make or change laws!
18 U.S.C. § 3051 gives the BATFE agents the authority to act but does not define any of the items, articles or firearms upon which such action is to be taken. The loose descriptions of both the 1934 Firearms Act and the 1968 Firearms Control Act do not proscribe against bump stocks—which means it was left to BATFE interpretation, which, in turn, influenced President Trump’s executive action. All of this is unconstitutional. And there is no specific legal instrument by which either the President of the BATFE can enact and enforce such restrictions. They do it simply because they can. If Matt Gaetz wanted to actually accomplish more than just getting headlines, he would introduce legislation restricting BATFE action to restrict without specific aegis authorized by legislation. There is a process known as “White Papers” by which BATFE can make recommendations to Congress and Congress can then enact appropriate legislation. The BATFE has been allowed wide reign to act independently since the Brady Bill. Clear legislation should put an end to that by amending 18 U.S.C. § 3051 with the proviso that only Congress has the authority to ban anything.
“We strongly urge ATF to cease taking any actions……??? Nothing gives anyone at ATF the ability to constrain the use of arm braces.” What kind of pantywaisted authority structure is the US Congress?
What kind of chicken $$$ wording is this –to be ignored at ATF?
The people don’t stand a snowball’s chance.
I thought ATFE was ax good acronym for an agency promoting the Nerd lifestyle as my younger self practiced it–acohol, tobacco, firearms and explosives. However, it was really a jobs program for displaced agents of theProhibition Bureau when Congress repealed the Volstead Act, putting my grandfather’s trucking company on the road to bankruptcy, The Bureau was replaced by two agencies, BATF and BNDD the Bureau of Narcotics and Dangerous Drugs. I withdrew my applicationfor BNDD about six months before it was abolished because of irregularities–agents covering up infractions (crimes) by informants.
The original-and only constitutional–justification for BATF was the enforcement of revenue laws or the government getting their share. The Miller case involved a failure to obtain a transfer stamp on a sawed off shotgun Jack Miller paid Five bucks for. Query whether Miller could have gotten a transfer stamp. I recall that when I was researching such matters when my mind was still functioning at 100 percent, there were a number of problems with the case. Maybe there is a second year law student out there who still knows every thing there is to know about constitutional law who could revisit the whole thing.
Another area of delegation of congressional powers is the government of the Distict of Columbia, a mere territory smaller than the average BLM lease, on a swamp sandwiched between Maryland and Virginia. I believe Congress has the power to pas tghe laws regulating the District.
This retired popo says thank you for standing up for Americans against the illegal ATF. Want my brace come take it. I am old and do not mind dieing with you.
Meanwhile we have leftists and woke idiots tearing down our U.S. history before our eyes. What can we do to stop this pulling down and defacing statues and monuments of historic figures from our past? I am so sick of this. Being from Detroit and a retired Civil Servant I saw first hand what happens when we give up and cede a area or whole city to reactionary leftist or racial forces. Yes, BLM is a violent racist org that is no different than KKK or Nazis, yet they continue to break laws and perpetrate violence. Imagine if a large crowd of whites did this, the FBI would be killing them. This double standard is bs. I am white and not ashamed of it.
Have you looked at any video of blm protests steve? Every vlm protest I’ve seen has over 60% whites. Some of them have more than that. I don’t afeee with tearing down USA hero statues but confederates were traitorous secessionist who should never be honored.. Its like having statues of hitler in DC or japanese generals who bombed pear harbor in florida state buildings.
The civil war was a war of aggression the south’s hand was forced! And so is what is going on now.
Steve never said that BLM is 100% Black he just exclaimed “BLM”? That movement started because of a false narrative that a man had his “hands up” and yelled “don’t shoot” which was a LIE. That said person had already assaulted a police officer to the point of fracturing his orbital bone and trying to take the officer’s weapon!
BTW they are destroying/vandalizing more than civil war statues. George Washington, Abraham Lincoln(?), etc…..
BLM, like ANTIFA is a Marxist organization, you should listen to some of their leaders openly speak about it. Yes they want the USA turned into a Communist hell hole. Their manifesto has almost been completed with the exception of disarming the populace. The solution stay armed, by any means necessary. Enough said.
What about President Lincoln, Christopher Columbus, and all the other statues that were torn down.
Confederate names on Military Bases are because they were great tacticians, not because they were slave owners.
How many of you “Woke” and “Educated” people know that a piece of hallowed ground was owned by Confederate General Robert E. Lee, and which had slaves. It’s called Arlington National Cemetery.
Should we dig up our hero’s because it was owned by a slave master. There are almost 500 Confederate Solders buried there.
All this protest crap is for the birds, and the protesters need to get a job.
Let them come for it! Im willing to die to keep it! Are they willing to die to take it.
This should Be asked to all wannabe tyrants! By everyone who loves liberty and wants to bequeath it to our children.taking steps back in 1934 began the slide to where we are now! The wolf is at the door and i will do my best to kill and devour him because i am not prey.
LOCK AND LOAD!
“We understand that ATF is currently considering restricting one arm brace model owned by over 700,000 Americans,”
The ONLY laws should be bills written by elected legislators that are then voted on and signed into law by elected leaders such as OUR president, NOT unelected bureaucrats…especially from the Deep State SWAMP.
Alcohol, Tobacco, and Firearms should be the name of a convenience store, not a bureau of the United States Government
Arguing about parts and pieces as many have done so far is a waste of time. Every gun law passed since 1933 is illegal. Here’s why:
“This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. United States Constitution, Article VI, Clause 2.”
A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Traditionally, the word “infringe” has meant “to break, impair, violate, encroach or trespass upon a law or contract.” [To verify this, the reader may need to consult a dictionary printed circa 1970 or before, as revisionists have not left the lexicon untouched to suit a progressive paradigm.]
The US Constitution is the supreme law of the land. State law cannot supersede it, replace it or supplant it. It can only supplement it. Neither federal nor state law can “break, impair, violate, encroach or trespass upon a law or contract” with the people of the US. Any law ‘impairing’ by restricting the right to bear arms is patently unconstitutional—a fact, which at first blush, makes them all unconstitutional.
Any exception to this is a political fabrication, arbitrarily contrived to an anti-constitutional end. It may seem ‘expedient’ or ‘sensible’ at the time, but it is patently unconstitutional; and that which is unconstitutional, violates the supreme law of the land and is therefore illegal—including all 22,000 gun laws passed since 1934, including the 1934 Firearms Act. Any judicial precedent claiming exception is equally unconstitutional. There is nothing in either the 2nd or the 10th Amendments that allow it.
Arguing for anything less than the repeal of all gun laws is an acquiescence to the principle that exceptions can be made in times of stress, that anti-gunners are ‘right about some ‘sensible’ gun legislation,’ and that we can temporarily or on specific occasions suspend the inalienable rights acknowledged in the Constitution. It is therefore pointless to argue for or against principles written in the stone of human nature and within inalienable human rights.
It is not bump-stocks, or SBR’s or any gun part that is at stake here. It is the incremental ‘infringement’ upon the principle of the Second Amendment. All efforts so far, including those of the NRA, have attempted to depict gun owners as willing to compromise on little things here and there to ‘appear to be reasonable.’ But 86 years of compromise has demonstrated that antigun elements in government fully intend to ban guns one screw and one spring and one stock at a time.
All gun owners—no matter what their gun niche, hunting, competition, etc.—should form a stonewall against any limit or infringement what so ever and put all effort to repealing every gun law passed in the last century, including the 1934 Firearms Act.
Of course, there is always someone who will argue anyway or want to appear ‘woke,’ in spite of the fact he is wrong.
It was my understanding that the Gun Owners of America was supposed to be the “no compromise” gun rights group? Yet…
…and furthermore, The Gun World the Second Amendment supporters the Patriots the Veterans Day even the active duty military nobody is focused on doing anything Pizza Port Chase’s going into court to set precedence to protect and preserve our gun rights, else I would have cut my attorney loose to do his job while I focus on other important things in the gun world like producing more gunshow’s for people to attend.
I so hate it when we cannot edit these damn things after they go through the Spell-Check Virus!
This “article” must have the mouth-breathers wetting their pants.
Obama, deep state, ATF, secret, etc.
I guess everything looks like a nail if a hammer is the only tool in your tool bag.
If the ATF Gestapo wants to take away what was legally purchased, come ahead. I look forward to killing and die with you. I am a free American. I am retired police. Come take them!
@Dexter, I am with you enough is enough. They are not going to stop until they are stopped.
Water the tree of liberty! Feed the pigs! Ill take dangerous liberty over filling a ditch for the police state
It started with the bump stocks and now moves to other things. I said this that we were embarking down a slippery slope.
It started in 1934 with the Gun Control Act, during the time of depression in this country where people did not have the ability to openly communicate with their elected officials in Washington DC.
They only had the iPhone 2 or 3 at the time and we’re only able to use the BBS or Bulletin Board Services down at the local train depot.
Just drop the useless SBR rule and move on.
Congressman, The ENTIRETY of laws, regulations, departments, and enforcement thereof are completely illegal and unconstitutional! It is time to REPEAL every d@mn bit of the apparatchik infringing upon our UNALIENABLE right to keep and bear arms. Defund BATFE.
You’re exactly right. It’s time for law-abiding gun owners to ignore these fake laws and resist force with force. These government tyrants have relied on the fact that “law-abiding” citizens will obey until the law can be proven unconstitutional in the courts, and yet the Supreme Court insists on refusing to hear any 2nd amendment cases. Our forefathers gave us the 2nd amendment and reiterated our right to forcibly remove a tyrannical government, and it is far past time to do so. When will conservatives understand that you cannot fight the left by trying to be “fair”.
Gun owners need to think long term, just like China does. Trump will be gone in either one year or five years. I think the most important and the best thing he has done for this country is to replace departing liberal judges at all court levels with conservative judges deeply committed to following and and enforcing our wonderful Constitution. You may hate Trump but the alternative is much much worse than Trump could ever be.
Any Republican, even a real one, could have done that.
Republicans have done a poor job of appointing justices at all federal levels in the court system.
YUP, just like Justice Roberts ! the Supreme Court
s job is to interpret laws not make them !
WRONG! The Supreme Court’s job is not to interpret anything, it is to ensure that all laws are Constitutional. Interpretation is based on opinion/guessing, they must use ONLY facts in their decisions. This is why leftists do not belong on the SCOTUS or any judgeship for that matter, as well as all elected governmental positions. Leftists NEVER rely on facts, they ALWAYS rely on their opinion or agenda.
It needs to stop now! No more empty threats. We all have a dog in the fight.
I agree, Trump has his issues for sure, the worse is his stupid tweets, and I guess the hair could possibly be better done along with his stupid orange complexion, but go ahead and not vote for him, you will forever place this country in an unrecoverable situation, He has my vote, I just wont read his idiotic tweets. and when he speaks, I just shift my attention to Melanie.
I know you were talking tongue-in-cheek but what other option do we have? I think he is trying to do the best he can do but when the entire media and “powers that be” are against you, what can you accomplish? He could save a autistic black/Hispanic paralyzed child from drowning in a lake and they would say that he’s racist.
I can’t imagine how much stress that man is under.
Arguably, the most important action a President can take is in nominating a SCOTUS judge. Those judges can shape the legal world for 20, 30 or more years. If you think a Democrat will appoint someone more sympathetic to 2A, then by all means, vote Democratic.
And yes it’s true any Republican can appoint a judge that believes in protecting the Constitution and Bill of Rights, but Mr. Trump, whether you love him or hate him is going to be the Republican Presidential nominee this Fall.
By the way, Justice John Roberts was a Republican nominee (Bush), but at this point, I’d much rather have a Gorsuch or a Kavanaugh than any Democrat nominee.
Or, conservatives could face reality and realize that Trump is nothing more than a statist authoritarian like Biden, HRC, and the others and pull behind a real candidate. We need to open the debates up to 3rd parties to allow true political choices. #JoJo2020
The “Bumpstock” fiasco was a massive breach of trust. That being said it was a stop gap to avoid even larger losses to our Second Amendment Rights. Our entire system of Government is set up to run on compromise like it or not. Face it people, we live in a world gone mad ! Our society has been brainwashed to act on emotion completely forgetting logic and reason. When our Law Makers kneel in silence for an individual who was wrongly and tragically murdered but have never one time done so for the men and women who have died serving in our Armed Forces, never one time for our First Responders we have enormous problems. Ditch the NRA, it is beyond outdated but stand up and fight for your rights, if you refuse to do so stop complaining when they are taken away by these Dolts with an agenda.
No other organization strikes fear into Congressmen like the NRA. Don’t ditch them. Support them. Stregth comes in numbers and with funding.
Most of our unconstitutional gun laws were supported by the NRA. You are an idiot or a fool to support the NRA.
The only way they can beat us is divide us and they’re doing a good job of that!
And you sir are a fool!
If it wasn’t for the NRA we would’ve already lost our gun rights. Think about it they are the only ones powerful enough to walk into the White House and talk to anyone in there. Like it or not they’re the ones with the money the power and the know how. I don’t agree with 100% of what they’ve done but without them you lose everything. No other organization has that power!
The only other organization that really gets their attention is Gun Owners of America. If you sign up to their e mail list, they send regular updates on things that are going on. Very easy to send letters to your elected reps through them. They have a huge e mail list and mobilize so many people to e mail, write and call that the elected reps cant ignore it.
We the people are the care takers of the Constitution. Lead fallow or get out of the way. The Republic is in ruins. We let it continue or we stand PERIOD!!!
Don’t ditch the NRA, but also support the Firearms Policy Coalition, the Second Amendment Foundation and The Gun Owners of America as these organizations also fight for our 2A rights by lobbying Congress to deny passage of anti 2A bills and regulations as well as support pro gun positions in lawsuits being heard in courts throughout the USA!
Trump got my support and vote in 2016 by promising to protect and defend my 2nd Amendment. He has not only failed miserably to keep that promise, he’s actually attacked in more and worse ways than Obama managed for eight years. You folks out there pissing and moaning Biden is the other option so you have to vote Trump. Bull! Don’t blame a voter who was lied to about a basic right being trampled. It’s not the voters fault. That’s all on Trump. His words and actions made it impossible for me to support or vote for him ever again. And people you, who are so in fear of Biden or Hillary or whoever that you refuse to hold Trump accountable for doing the same BS Biden or Hillary would have done. That’s ridiculous! Stand up for your rights and call Trump out on it the same way you did Obama. Hell is wrong with you people?
Yawn.,…..hey dumbass…..it’s not Trump you need to be pissing and moaning about…..it’s what the Dems have stated they want to do: either eliminate your 2A right or make it near impossible to own a gun. STOP PLACING ALL YOUR HATRED ON TRUMP. Just because he, in your mind, let you down don’t think the other side is going to protect ANY of your associated 2A rights. Your comparing him to Biden/The Witch is absolutely stupid. LOOK AT BIG PICTURE!!!!! Let’s face facts KD….you’re either a troll or a fake 2A supporter. Now take your left leaning idiocy and go bug someone else, you fact less turd!
We gun owners supported Trump and the NRA ! The NRA used our $$$ for self enrichment and caved again and again to the leftist gun grabbers.. Trump promised us his Second Amendment support and trust only to cave to the leftist mobs ! Trump seems to think that he can make friends with those seeking to defeat him everyday ? By waffling on his gun owners support he is endangering a key part of his election coalition !
We gun owners can/have replaced the NRA with other more hard nosed groups . But in Trump’s case what is the other choice ? As stated Trump has to be called out and the ATF needs to be reined in ! If Trump is defeated at least we know who the enemy is and their goal of total gun confiscation !
This is what they want!!!!
Divide and Conquer
“United We Stand Divided We Fall”
Our worthless education system has done its job in producing many many emotionally driven individuals, they cannot have an objective thought! The choices for this country are simple vote for Trump and have a chance at keeping our freedoms, vote for loser Biden and the communist democrats will introduce the country to what reality really looks like under their communist rule! The young people of this country are for the most part idiots about history and have been taught that Socialism is so cool and fair for everyone! Take a trip to Cuba and see how well it works for people there! Or go to Miami and ask Cubans, why would you leave such a wonderful place and risk your life on a raft in doing so?
The bump stock response was a necessary stop-gap to avoid a bigger loss to our 2A Rights.
The anti-gunners had a temporary, but massive, following of supporters after Vegas and that “angry mob” at that time was filled with more than just the typical anti-gunners; a lot of middle-of-the-road Americans started leaning their way, which was scary. I think even the NRA saw what was coming. The bump-stock ban suckEd, but it satisfied that thirst for blood the masses had at the time. If they hadn’t done the bump-stock ban, we could’ve been the victim of another Brady ban, or worse.
I never want to give an inch back to the anti-gunners because they’ll always want more, but in this one case I think it saved us from a bigger loss of our 2A Rights that would’ve come in its place.
You evidently never saw Delaney Tarr at the so-called ‘March For Our Lives’: “When you give us an inch, that bump stocks ban, we will take a mile…We are not here for breadcrumbs, we are here to lead.”
They’ve made it abundantly clear: they want it all. They want us all disarmed so they ram the rest of their sick Liberal agenda down our throats. They don’t need your ‘help’.
Nemo, I am with you. Half the folks here think that going the same losing way will work, but it won’t. It’s time.
And just what did we gun owners gain ? Caving in just gave more red meat to the leftist ! Now AFT is going after pistol braces ! Trump needs to clean house at the ATF or ………….. ?
Yes the bump stock fiasco was a violation of trust. BUT if we don’t re-elect him we will be cutting off our noses to spite our face!
Biden and buddies will do so much more against us!!!
“deep state” LOL
I’m growing tired of the NRA asking for money and appearing to do very little to help establish a cohesive group of members who can communicate with one another. The NRA needs to evolve, and the members need to unify. Simple lobbying isn’t going to help if somehow congress were to attempt to remove the 2nd amendment. If the government is going to surreptitiously rescind our rights, the current level of organization won’t cut it.
Join the Gun Owners of America organization! The ONLY NO compromise gun rights organization in existence!!!
They can’t do anything without money! Think about it. NRA gets respect in Washington no other org does. I know you say GOA, they will NEVER be as proactive in Washington as the NRA.
Divide and Conquer
If the gun industry did not treat the general public like morons, we would not have this issue. I paid the $200 tax stamp for each of my SBR’s. Along comes this bullshit “arm brace” which we all know is a fake description of a shoulder stock, and the industry tries to make it out as actually something people use to “stabilize” a pistol. I have NEVER seen one used as they claim it should be used. …as a “brace”.
PLEASE….when you poke the bear the bear gets pissed off. You have brought this on yourself gun industry. No sympathy here.
Oh I’m sorry. Are you mad that the poors get to shoulder their “SBR” for free now? Sounds like you’re a bit of an elitist and a bit of a Fudd. Poke the bear? The bear shouldn’t even exist. If we have to poke it to make it show its true nature then I say keep on poking.
And for clarification, why do we accept the premise that my “tiny” gun is evil, but not so evil that a $200.00 payment can’t redeem its sin.
Donald, I’d gladly pay the government their $200 bureaucrat tax so that I could enjoy owning an SBR as defined by their arbitrary definitions, IF I lived in a state that allowed it. My state says no SBR’s so this is as close as me and my 12.75 million fellow hostages/residents will ever come. Consider yourself lucky that you live in a free state and please try not to F*** things up for the rest of us.
Why don’t you just turn yours in Don. Afraid to really fight? I am, but I have run out of room to run.
One again the Trump regime pretending to support 2A using executive power to try to outlaw certain firearms. Remember the bump stocks? That was your pal Trump.
Then Peegull join the other side and see how long you last!! Your pals Biden/Pelosi have made it clear they don’t like people with guns and want to restrict ownership or possession. So sorry your thin skin can’t handle a bit of disappointment and at the first sign of you not being able to have your way you bail on the cause and demonize Trump. Do you still have your guns and are you able to buy more? Yes you do. My guess you’d be much better off being disappointed in Trump than having your pals Biden and Pelosi in running the show. Then you’d really have something to bitch about. We can’t always have everything we want and then it’s time to compromise. There is NO compromising with the Dems when it comes to gun rights. They think a “hunting rifle” and your grandpa’s shot gun is all you need. If you let them establish the criteria for ownership then you really will be disappointed. Stop being a whiney bitch…..
Tex, I am tired of compromising. Their not going to quit.
The bump stocks were a sacrificial lamb to the liberals. There had to be something, if not they would have gotten their way like they are now with these riots.
So, what is this “one arm brace model owned by over 700,000 Americans”? Which one?
This article is a puff piece that just makes excuses for the Trump administration which has not been friendly to gun owners. Without a vote in Congress, Trump banned bump-stocks and all the FUDDS and Trumptards went along with it. Now they are coming for arm braces, what next?
Well Jack, what should firearms enthusiasts do other than support Trump? Support Biden? Brilliant.
Are you voting “Biden” to protect your gun rights? Or 3rd party? Please give us your expert recommendations
Well Dr. Motown, if we expressed a little more outrage when our rights get violated we might be better off. Instead because it was Trump doing it everyone was asleep and just went along with it. I just call it like it is, doesn’t mean I’m voting for “Biden”. My “recommendation” would be not just going along to get along but calling out those that violate our rights, especially those who stab us in the back.