The Contested ATF Ruling: The True Goal and Potential Consequences of the Pistol Brace Regulation

As the debate over the pistol brace ruling continues, many are questioning the true intentions behind this regulation. The much-debated requirement for a brace that can be attached to a short-barreled rifle (SBR) has ignited a fervor among gun owners, who fear that any attempt to comply might result in a massive backfire if the purpose is to force millions into registering their firearms or face significant legal consequences.

Legal Challenges and Historical Precedents

The idea of simply registering millions of AR pistols to bypass the National Firearms Act (NFA) regulations is misguided. While registering would not magically erase these regulations, it would necessitate a legal challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to contest their authority and the implementation of these new rulings. The Supreme Court has not ruled on the NFA since 1939, and with current trends, it is unlikely to do so anytime soon. Quoting Heller, which set a precedent for owning and keeping firearms in one’s home, is also insufficient in this context, as the case was not about registration requirements but about the constitutional right to bear arms.

The key issue at hand is the "common use" standard, which the ATF is using to classify certain firearms as SBRs despite changes in use and technology. This standard, while creatively interpreted by some judges, faces significant challenges. It will take years for these rulings to be fully decided, and any changes to the NFA, especially the Complete Compensation Device (CCD), will likely come through an act of Congress or a Supreme Court reversal of US v Miller.

The True Objective Behind the ATFRuling: A Gun Registry

Concerns surround the true intent of the ATF's ruling. Rather than simply abolishing the need for tax stamps for SBRs, the gun grabbers are banking on the idea that most gun owners would prefer to register their firearms rather than give them up. Most would prefer a registration process that ensures continued access to their arms. The ATF may be creating a gun registry that would be at their disposal, which could be used for various purposes, potentially leading to violations of privacy and control over gun ownership.

This strategy is not without precedent. Environmental agencies, such as the EPA, have faced challenges due to the expansion of agency powers at the expense of Congressional authority. The Supreme Court's possible assault on Chevron Deference could redefine the relationship between agencies and Congress, making it harder for unelected bureaucrats to create laws. However, such a ruling would be unlikely to occur during the current political climate.

Public Opinion and the Future of Gun Control

The American public is increasingly opposed to new gun safety laws, and this sentiment is reflected in the opposition to Biden's desire to ban "assault weapons." The 2022 midterms saw significant opposition to gun control propositions, with Democrats facing tough election defeats. The surge in first-time gun buyers since the start of the pandemic has only strengthened this trend. The "defund the police" movements that have impacted law enforcement agencies also contribute to public perception that gun control is not a pressing issue.

The National Firearms Act, as written, was intended to tax and register every firearm in the US, particularly handguns. As the 1934 law was passed, the goal was to tax all firearms, including SBRs, which were seen as a practical (if flawed) solution to the problem of unregulated firearms. However, when it was realized that such a broad registration was impractical, the law was modified, leaving the problematic short-barreled rifle provisions intact. This oversight reveals the flawed thinking and legislation of the era.

Conclusion: The Future of Gun Owners' Rights

The current debate over the pistol brace regulation highlights the broader issues of agency overreach and the need for a more restrained interpretation of laws. While the likelihood of widespread compliance with the NFA regulations is high, any attempt to force millions to register their firearms could indeed backfire, leading to legal challenges and potentially increased restrictions on gun ownership. The ultimate solution may lie in Congress, but with significant hurdles from both political and societal perspectives, it remains to be seen what the future holds for gun owners' rights.

What is clear is that the gun community must remain vigilant and informed, continuing to advocate for the protection of their constitutional rights. The strategies employed by the ATF need to be challenged legally, and the public must remain engaged to ensure that these rights are not eroded.