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Question on new AR pistol rule


Trigger Mike

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I have not seen a clear answer as to the question of Constructive Possession.

 

I have heard 3 options:

  1. Remove the brace from the pistol, it is then no longer (potentially) an SBR
  2. Remove the brace, wrap the buffer tube with para-cord; the added step (maybe) means it can not be "readily" reassembled
  3. Store the brace at a different address; both parts are therefore (possibly) not simultaneously "in possession"
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Wait to do anything until the federal courts are finished with all the cases filed challenging the ATF rule.  After the West Virginia v EPA SCOTUS opinion in June 2022 all regulation/rules promulgated by administration agencies that don't follow the enabling statute are suspect.  SCOTUS's opinion severely limits Application of Chevron Deference.   ATF's rules that have criminal penalties that are an expansion of law passed by Congress & signed by POTUS or not signed but submitted to POTUS after the pocket veto time limit legally aren't valid.  However, federal judges haw not followed this doctrine in all cases.  The current Supreme court has indicated they are inclined to narrow the application of Chevron Deference.  WV v EPA has alarmed those who have used federal regulatory agencies to enact regulations that Congress won't pass.  There already have been district court & circuit courts that have ruled against the feds.  Last week a 3 judge panel of the 5th circuit ruled the Bump Stocks are a machine gun violates the Constitution because it expands the definition of machine gun in the NFA bypassing Article 1 of the Constitution.   I listed to a IRV8888 podcast today where the plaintiff in this case was interviewed he stated he doesn't feel the DOJ will appeal because there is a high probability that SCOTUS will grant cert & then put the ATF in a straight jacket with their opinion.  It will be like the AG's from the may issue states convincing both IL & DC not to appeal the 7th & DC circuit opinions in a bearing arms cases.  Another interesting case involves a felon in possession of a firearm with obliterated serial number.  The circuit court judge ruled that a transfer of a firearm that doesn't go through an FFL is not an interstate transaction therefor the 1968 GCA doesn't apply because the GCA is constitutional under the interstate commerce clause. 

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having read the 293 pg , doc, several times , I am not sure on the S&W 22 

 

 as it is a blowback action , the "tube" is not required for the operation of the action , then there is the "readly" restored thing 

 

 add to it on the older one , I looked at , tehre does not seem to be a break line , to remove it from the action , 

 

  I could very easy , be WRONG , as I do not nor have I ever owned an AR pistol , figuring they would do what they are trying to do 

 

  Chickasaw Bill 

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