ATF Publishes Pistol Brace Rule

The ATF has released their long-awaited pistol brace ban. The rule will be effective as soon as it is entered into the federal registry, which must be within 30 days of January 13, 2023.

The rule expands the definition of “rifle” as follows:

“the definition of ‘rifle’ shall include a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a ‘stabilizing brace’) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as described in this preamble and in the amended regulations, indicate that the weapon is designed, made, and intended to be fired from the shoulder.”

This means that nearly any weapon with a pistol brace attached is now a rifle. If the barrel is shorter than 16″ (i.e. a pistol), it would now be classified as a short-barreled rifle and illegal unless the owner registers it with the federal government.

This has major implications for millions of law-abiding firearms holders who use pistol braces with their firearms. Unless they register those firearms with the ATF under the National Firearms Act (and pay $200 per tax stamp), they could be prosecuted for a felony.

This is a massive expansion of the only gun registry currently legal under federal law. With this rule suddenly millions of common everyday pistols get treated similarly to machine guns, silencers, and destructive devices (grenades, poisonous gases, and missiles).

So let’s call this “rule” what it really is. Gun registration for millions American gun owners.

This is a deliberate prelude to one day registering and taxing ALL rifles, pistols, or shotguns under the NFA.

Our legal team is analyzing the entirety of the 293-page document and will have a full legal analysis soon.

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Click here for the full rule.

New York Supreme Court Judge Rules “Red Flag” Law Unconstitutional

On December 20th, 2022 Judge Tom Moran of the New York Supreme Court ruled New York’s Red Flag style gun confiscation law, unconstitutional. Putting a temporary stop to red flag sun confiscation in New York.

This came about when a petitioner only identified as G.W. filed an application in August of 2022 for a Temporary Extreme Risk Protection Order (“TERPO”), the name for New York’s red flag law, against an ex-girlfriend listed as C.N.

C.N. hired a lawyer to defend her on Constitutional grounds ultimately resulting in the ruling that this law is unconstitutional.

This is good news for gun owners. It is the first step in setting legal precedent and it is one of the first times a judge has ruled so strongly against red flag laws.

The court stated, “Second Amendment rights are no less fundamental than, for example, Fourth Amendment rights (the right to liberty), and must be provided the same level of due process and equal protection.”

The court went on to point out, “the Second Amendment establishes that the exercise of a fundamental right ‘shall not be infringed.’ However, [this law], does exactly that.”

Red flag laws, by design, do not respect due process or the language of the Second Amendment. A fact that is revealed quite glaringly in this ruling. This was perfectly summed up in by the judge when he wrote, “While some may advocate that ‘the ends justify the means’ in support of [this law], where those means violate a fundamental right under our Bill of Rights to achieve their ends, then the law, on its face, cannot stand.”

While the court had a good ruling in this case, it did not go so far as to rule that no red flag law under any circumstances can stand. Gun grabbers will always try and find ways to weasel around the Constitution and strip us of our rights. We need to keep fighting to ensure this does not happen.

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To read the entire ruling click here.