PIstol Brace Rule Update

In this episode we discuss the most recent pistol brace rule and its implications.

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Transcript

0:15

Welcome to the Live2Shoot Podcast. My name is Jeff Dowdell, and I've been a licensed farm dealer for the last 16 years. In this podcast, we talk about all things related to the Second Amendment, as well as anything else going on in the news, and anything about my personal life, or any other story that I might find interesting. So, welcome, welcome, welcome. We are still in the midst of 100 plus degree temperatures here in Dallas, and it is just hot. I just got in from a run. It's 730, and it was already... feeling like 90 degrees out there so it's miserable but hey it is what it is and if you hear some banging going on in the background i don't know if i'll be able to edit it out or anything but i haven't roof replaced so got a hail storm that came through here a couple months ago got some hail damage so now we're having to have our roof replaced and It's been like living in a little war zone for the last couple of days, but hopefully they'll finish it up this morning. So what a week, what a week we had Devon Archer being interviewed by Congress and going through the details of pay for influence scheme of the Bidens and the depths of the involvement of President Biden in this scheme and the fraud that is involved. And and then all of a sudden amazingly, boom, Donald Trump got another indictment. So it's funny how that works. And it is really interesting to see how this administrative state, this Regime is doing everything they can to control us. And that, and that is, they're, they're going after Donald Trump, but they're really, they're going after us because once they get him out of the way, then we're all easy pickings, we've already demonstrated that, that we will run like lemmings off the cliff. And we need some, we need some strong leadership to stand up and protect our rights. And that's Donald J. Trump. And if they. Can knock him off the chess board. Then they feel like they've got the whole place under their control. And I'm gonna probably be doing a little bit more another podcast around something around that topic, but in good news, that administrative state did get its hands slapped back a little bit, a little bit in the way our, our. Justice Department. Justice is supposed to work. The Fifth Circuit said that the pistol brace ban is more than likely unlawful. So if you all remember, and I'm not, I know this isn't new from most of you, the ATF put a rule out saying that if you had a brace that you could place on your pistol for support, that In certain circumstances, but really actually all pistol braces that would convert it into a short barrel rifle and made it an NFA item, National Firearms Act item, which means it had to be registered and a tax stamp paid. And they gave until, I can't remember now what it was, May, June 1, I think. I guess it all blends together, to for everybody to register and have a, Grandfathered in the fact they didn't have to pay the 200 tax stamp and a only a very few of the millions and millions are out there actually did register. Had a customer yesterday said he has just hung his on a hook on his front porch and it's like ATF you don't even not need knock you can just grab it take it and go on if you want. Others have lost a lot of them in some boating accidents and things like that, but anyway then the lawsuits persisted and the Firearms Policy Coalition filed an injunction against the ATF saying, hey, can you please, you know, at least halt the enforcement of this until we can get a ruling on whether or not this is constitutional. And they won that injunction and then the ATF. filed an appeal and it went to the fifth circuit and this week on a two to one ruling the fifth circuit said that it's likely that this these are not constitutional he's in in their ruling in a two to one ruling the Panel found that ATF exceeded its authority in trying to reclassify braced guns and subject them to greater regulation and federal law. It's determined the agency had illegally crossed the line from enforcing to legislation and the resulting rule must be set aside as unlawful or otherwise remanded for appropriate remediation. The Three judge panel in this ruling found that the plaintiffs were likely to succeed in their claims that the ATF pistol brace rule violates the Administrative Procedures Act. It kept in place the multiple injunctions that barred the ATF from enforcing the rule against members of the Second Amendment Foundation, Firearms Policy Coalition, Gun Owners of America, or Customers of Maximum Defense. But now what it's done is it's just sent it back. To the district judge to further rule on what the scope of the injunction is said in its simplest terms the fifth circuit just indicated that the plaintiffs fire and policy group maximum defense and fpc individual members are likely to defeat ats pistol brace rule when the merits of this case are finally heard so the case hasn't been decided yet it's being sent back to the to the district judge so he can say is this this this is this a basically a nationwide injunction is this You know, it originally said if you're, you're members of this, these groups, you're protected by the injunction, but hey, you know, these, this is, these people are across the nation, so let's just make it a nationwide injunction. What is the scope of this injunction? But the injunction is going to stay in place until the case is heard. So then what happens? Well we gotta go to court and the Fifth Circuit likely feels that the plaintiffs, in this case, are going to win and ultimately, if it has to, the Supreme Court's going to decide that this rule is unconstitutional. And so, to me, the, you know, The key thing in here is where it states that the exceeded their authority from regulation to legislation. That is the approach that this regime has been taking all along in multiple cases and it sometimes we've won, sometimes we, we are losing just depending because there are a lot of leftist judges out there that don't respect the constitution. That is what we have in jeopardy too is, is if we have another four years of whatever this regime is, whether it's Biden is the head of it or whoever the new head of the snake is, we're going to get more leftist judges and it's going to be harder and harder to topple this evil regime that is going, I keep saying regime, I need a better word, but anyway, you know what I mean? So. Small wins. We have to take them, but we can't quit fighting. We have to keep fighting. And that means, you know, send your 10 to Donald Trump, give him money so he can fight for it, fight his legal defenses, fight for his campaign, help out the firearms policy coalition, help out gun owners America. I'm not a big fan of the NRA, so there's other groups that we can send our money to. I don't think NRA are really our friends anymore, but we gotta keep fighting. We got to keep this regime down, and we gotta, we gotta share this information. We gotta let people know and see what's going on. I watch and listen to news all the time. I pay close attention to it, and so to me it seems quite obvious, but when I start talking to people, and saying, hey, have you heard about this, Devin Archer, who's Devin Archer, you know, what about Hunter Biden and his laptop, what about it, there are so many people out there that still have not heard some of these. Just hellacious stories that this Biden regime is going on. They just think he's a friendly little grandpa out there eating his ice cream cone. They are watching it, but we've got to keep opening people's eyes and sharing these stories about what they're trying to do, where they're succeeding, and obviously where we're winning and. It is important and this batting down the pistol brace rule, which is obviously unconstitutional. We all have known it is. It's another small victory. We have to keep fighting there. There are battles still out there. There's a, a ghost, the partial receiver rule that we've got to keep battling. They are out there and they're coming for us and they're not going to stop and they're going to figure out any way they can to get to us. Gotta celebrate our victories, good victory, and hopefully we'll see what happens next week. We'll see President Trump gets another indictment probably so. I'm sure there's some more news on Hunter or President Biden's gonna come out that they're gonna have to try and obfuscate by throwing another indictment out there on, on President Trump. So, it's, it's ridiculous, it's laughable, and everybody should see it as that. So, appreciate it. I think I've said so a ton of times, but anyway, have a great weekend, I'll talk to you later.