ANOTHER Major Flaw In ATF's Pistol Brace Final Rule!! Live In These States…Pay Attention!

Published on January 25, 2023
Duration: 14:01

This entry synthesizes expert legal analysis from Gilbert Ambler, an attorney for GOA, and host of Guns & Gadgets, regarding critical flaws in the ATF's final rule on pistol braces. It details potential self-incrimination risks associated with CLEO notification in states with SBR bans and discusses the limitations of federal protections against state prosecution. The primary recommendation is to await further legal developments and the rule's official publication before taking action.

Quick Summary

Legal experts highlight major flaws in the ATF's pistol brace rule, particularly the risk of self-incrimination through CLEO notification in states with SBR bans. Federal protections may not fully apply, and local law enforcement could prosecute. The advice is to wait for the rule's publication and legal challenges to resolve before acting.

Chapters

  1. 00:00Introduction & Guest Expertise
  2. 00:30ATF Pistol Brace Rule Problems
  3. 02:33CLEO Notification & Self-Incrimination
  4. 03:31States with SBR Bans
  5. 05:47Federal Protection vs. State Law
  6. 07:46Worst-Case Scenario & Discretion
  7. 10:10Recommendation: Wait & Legal Challenge
  8. 11:41Closing Remarks & Resources

Frequently Asked Questions

What are the main problems with the ATF's pistol brace rule?

The ATF's pistol brace rule has several identified flaws, including an 88-day open background check leading to automatic denial, imported pistols with braces violating 922R, and a critical issue with CLEO notification that can lead to self-incrimination in certain states.

Which states pose a risk for SBR registration via CLEO notification?

States where SBR possession is outright illegal, such as Hawaii, California, New York, New Jersey, Maryland, Rhode Island, and Washington D.C., pose a significant risk for individuals submitting CLEO notifications due to potential state-level prosecution.

Does federal protection apply to NFA filings under the new ATF rule?

While a federal protection from the Haynes case generally prevents NFA filing information from being used for prior crimes, its applicability to the current ATF rule is uncertain because the rule implies a pre-existing violation before filing.

What is the recommended action regarding the ATF's pistol brace rule?

The primary recommendation from legal experts is to wait. Individuals should wait for the rule to be published in the Federal Register and for ongoing legal challenges to develop, as waiting may prevent unnecessary or detrimental actions like self-incrimination.

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