Brace Yourselves

They say that the court cannot enjoin the ATF from enforcing legal theories, only final agency rules. They argue that because the pistol brace rule no longer exists, the court has no authority to block the ATF’s interpretation that brace pistols are in fact SBRs. In other words, they are not denying that they hold that legal view at all. They are only saying that the court cannot stop them from using it. And that is a huge red flag. And so in this case, they’re saying, you know, the rule is dead. Throw this case out, but you cannot touch any underlying legal theories that we have because that’s not an at issue in this case. [Watch]

In other words:

@mgmplus

“I’ll be back.” – @Arnold 🫡 Watch #TheTerminator on #MGMplus #ArnoldSchwarzenegger

♬ original sound – MGM+

[Via Jess]

That Explains It

From Rep. Paul Gosar to a constituent via email:

Reconciliation is a procedure under the Congressional Budget Act of 1974, where Congress implements budget resolution policies that are required to be related to permanent spending and revenue programs. Additionally, the Byrd rule, which was incorporated into the Congressional Budget Act of 1974, prohibits provisions that are “extraneous to the purpose of implementing budget resolution policies.” Consequently, provisions in a reconciliation bill cannot include policy changes that do not affect the budget or spending programs.

Consequently, this is why the full versions of the SHORT and Hearing Protection Act were not included in the bill, as the portions that affect non-tax provisions of the National Firearms Act (NFA) violate the Byrd rule.

Per the recipient:

“Now the only thing I need to figure out is how they managed to pass a bill out of the House that removed both the tax AND the registration. If you have any news on that, it sure would be worth a blog post.”

I don’t. How about you? And why not do the same with SBRs?

A Modest Proposal

The NFA is constitutional because it’s “a modest burden” and not a ban [More]

The Second Amendment does not say “shall not be banned.” It says “shall not be infringed.” Even modestly.

Unless you’re one of the “smartest people in the room” who buy into the Trump/Bondi DOJ is playing super secret 3D chess with court rules that they can’t tell us about, and it will all work out in the end, honest…

Then ask why they’re not pushing SBRs.

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