(PatriotWise.com) — Biden’s ATF tried to outlaw AR-15 pistols with arm braces, but a federal judge appointed by Trump struck it down.
U.S. District Judge Matthew Kacsmaryk deemed the ATF’s new regulation prohibiting AR-15 model pistols with arm braces to be unconstitutional and halted its enforcement. The judge ruled that legitimate legal means must be used to address public safety issues. This regulation is not lawful.
The ATF’s regulation that millions of gun owners must register their weapons and incur a $200 fee or risk 10 years in prison has been challenged in a new nine-page judgment. The decision made by Kacsmaryk affects the whole nation.
Reports show the “Factoring Criteria for Firearms with Attached Stabilizing Braces” regulation was challenged in Britto v. ATF. Following a directive from President Joe Biden, the ATF drafted the rule to address the issue of pistol braces. ATF findings and classification letters granted to brace manufacturers throughout the years would be nullified.
The Britto lawsuit argued that the ATF’s pistol brace requirement was unconstitutional under the APA. According to the plaintiffs, the adopted regulation does not follow logically from the proposed regulation. A point system was included in the proposed regulation to assist people in figuring out if their weapon qualifies as a braced gun or short-barreled rifle (SBR).
The point system was eliminated with the release of the final rule.
The ATF contends that the brace converts a handgun into a lethal rifle, while proponents point to a small number of major shootings in which such weapons were utilized. However, the ATF permitted the braces to be sold for years before its prohibition, and now it is estimated that over 40 million are in use, making the AR one of the most widely carried guns in the US.
Several judges have challenged the ATF and asked how the agency can overnight render millions of gun-owners potential felons by changing its opinion of the brace and issuing its regulation.
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