{"id":103544,"date":"2024-08-10T11:06:53","date_gmt":"2024-08-10T16:06:53","guid":{"rendered":"https:\/\/milesfortis.com\/?p=103544"},"modified":"2024-08-10T11:06:53","modified_gmt":"2024-08-10T16:06:53","slug":"103544","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=103544","title":{"rendered":""},"content":{"rendered":"<p><a href=\"https:\/\/www.washingtonexaminer.com\/news\/washington-secrets\/3116921\/second-court-crushes-bidens-assault-on-ar-style-pistols\/\">Second court crushes Biden\u2019s assault on AR-style pistols.<\/a><\/p>\n<p>Today<strong><em> [the 9th]<\/em><\/strong>\u00a0 another federal court rejected President Joe Biden\u2019s war on guns, ruling against his effort to require 3 million to 7 million owners of AR-style pistols to register and pay a $200 tax on their firearms or face prison.<\/p>\n<p>In the latest blow to liberal gun control politicians and the Bureau of Alcohol, Tobacco, Firearms and Explosives, the St. Louis-based 8th U.S. Circuit Court of Appeals rejected the government\u2019s plan, claiming it was likely to get tossed by the Supreme Court.<\/p>\n<p>For now, the millions of users of guns equipped with \u201cpistol braces\u201d can keep them without fear of being fined or jailed.<\/p>\n<blockquote class=\"twitter-tweet\">\n<p dir=\"ltr\" lang=\"en\">LEGAL ALERT: The Eighth Circuit has ruled that the ATF&#8217;s pistol brace rule likely violates federal law, saying it &#8220;is arbitrary and capricious because it allows the ATF to arrive at whatever conclusion it wishes&#8221;: <a href=\"https:\/\/t.co\/i6tZ3ZmcVF\">https:\/\/t.co\/i6tZ3ZmcVF<\/a> <a href=\"https:\/\/t.co\/NsTPgMWMpe\">pic.twitter.com\/NsTPgMWMpe<\/a><\/p>\n<p>\u2014 Firearms Policy Coalition (@gunpolicy) <a href=\"https:\/\/twitter.com\/gunpolicy\/status\/1821933310840279551?ref_src=twsrc%5Etfw\">August 9, 2024<\/a><\/p><\/blockquote>\n<p><script async src=\"https:\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><\/p>\n<p>The court said the ATF rule was poorly written and vague and gave the agency too much leeway to go after owners of the popular firearms.<\/p>\n<p><!--more--><\/p>\n<p>\u201cThe final rule, as a whole, is arbitrary and capricious because it allows the ATF to arrive at whatever conclusion it wishes without \u2018adequately explain[ing] the standard on which its decision is based,\u2019\u201d said the court.<\/p>\n<p>\u201cThis is much like shooting the side of a barn, drawing the target around the bullet holes, and then proclaiming, \u2018Bullseye!\u201d\u2019 added a footnote in the decision that sent the case back to the District Court.<\/p>\n<p>The ATF ruling was also rapped for putting the burden on gun owners to prove why their guns would be allowed. The court said that was wrong and it is up to ATF to better provide guidelines. \u201cThe ATF\u2019s burden-inverting argument makes as much sense as shouldering a rifle by the barrel,\u201d mocked the court.<\/p>\n<p>The case was brought by 25 states, pistol brace maker SB Tactical, and a coalition led by the Firearms Policy Coalition, a Second Amendment legal advocate.<\/p>\n<p>It was the second court to junk the ATF rule.\u00a0<a title=\"\" href=\"https:\/\/www.washingtonexaminer.com\/news\/washington-secrets\/3043608\/bidens-atf-loses-big-in-pistol-brace-case\/\">In June,<\/a> a Texas-based federal court vacated it.<\/p>\n<p>The issue is likely to end up in the Supreme Court, which has recently given gun owners big victories, especially when the issue isn\u2019t the gun itself but accessories like the pistol brace. For example, the court recently rejected a Trump-era ban on bump stocks.<\/p>\n<p>The administration has been trying to pass a ban on AR-style and other modern sporting rifles, claiming they are \u201cweapons of war.\u201d Democratic presidential candidate Vice President Kamala Harris has promised to fight harder for a ban.<\/p>\n<p>Second Amendment advocates like the Firearms Policy Coalition, which joined in both suits, said the ATF has used sneaky moves to grab the guns and make them difficult to own. And while the administration blames the weapons on mass shootings, they aren\u2019t used as much as other firearms, such as handguns.<\/p>\n<p>For years, ATF gave its blessing that putting the adjustable braces on pistols was allowed even though the braces could be used as a style of stock, essentially turning the firearms into short-barreled rifles. Typically, short-barreled rifles are regulated under the Al Capone-era National Firearms Act, which requires a $200 tax stamp and registration.<\/p>\n<p>In the new ruling, the court slapped the ATF for granting approval of the braces for years, then changing its mind and threatening owners with jail. \u201cThe consequence of the ATF\u2019s about-face is that many individuals, relying on the ATF\u2019s previous classifications, were apparently committing felonies for years by possessing braced weapons.\u00a0Accordingly, they must take one of the five compliance steps \u2014 including paying a tax, or otherwise surrendering or destroying their weapon (their property) \u2014 or risk prosecution,\u201d said the majority decision.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Second court crushes Biden\u2019s assault on AR-style pistols. Today [the 9th]\u00a0 another federal court rejected President Joe Biden\u2019s war on guns, ruling against his effort to require 3 million to 7 million owners of AR-style pistols to register and pay a $200 tax on their firearms or face prison. In the latest blow to liberal &hellip; <a href=\"https:\/\/milesfortis.com\/?p=103544\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;&#8221;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[39,23,36,8],"tags":[],"class_list":["post-103544","post","type-post","status-publish","format-standard","hentry","category-bureaucraps","category-courts","category-gun-schtuff","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/103544","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=103544"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/103544\/revisions"}],"predecessor-version":[{"id":103545,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/103544\/revisions\/103545"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=103544"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=103544"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=103544"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}