In recent months, The Bureau of Alcohol, Tobacco, Firearms and Explosives has been at war with Pistol Stabilizing Braces. Several manufactures have received C&D notices, while some have been unconstitutionally raided by the agency. No crimes are being committed here, yet upholding the Rule of Law does not seem to phase the ATF. It is time for gun owners to fight back. Regardless of whether you like or dislike braces, the precedent that is being established here is very dangerous. It should warrant personal public comment and your immediate attention.
I have made this easy for you to copy and paste. Feel free to use my letter below or amend as you see fit. Please be respectful, as disrespectful comments will not be considered. < Imagine that, we have to plead with our government for our own freedom, and if we are upset with the tyrants, we wont be considered! America 2020…..
Here is the link to submit your comments for consideration, be sure to copy the below letter and amend as necessary:
I am opposed to the BATFE classifying weapons with stabilizing braces as NFA items. This is a backdoor gun registration scheme that violates federal law through depriving the rights of citizens under color of law and 14th Amendment to the Constitution.
18 U.S. Code § 242 – Deprivation of rights under color of law
“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both;.”
Whereas, Article 1 Section 1 of the US Constitution states, “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Nowhere in US law do you or any other regulatory agency of the judicial branch have any legislative authority to change and or create new laws, for this is solely the duty of congress and senate respectively. Any regulatory change or creation attempts are simply pretended legislation.
Whereas, classifying an accessory item that you have previously approved will create felons of law abiding American citizens. This is the pure essence of an ex post facto law which is prohibited under article 1 section 10 of the constitution.
Whereas, just because you pretend to be legislators, does not mean your pretended legislation attempts will be followed by the people and several states. The U.S. Supreme Court has held, “State legislatures are not subject to Federal Direction.” New York v. United States, 505 U.S. 144 (1992)
Furthermore, regulation of stabilizing braces is an infringement which prevents individuals the free exercise to possess arms with stabilizing braces. This is a direct violation of the Second Amendment to the United States Bill of Rights, whereas, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
In closing, under current US law, it is clear you have no authority to regulate such devices or arms. However, the law seems to have no effect on the blatant disregard your agency shows for proper legislative proceedings and Constitution. You have lost several cases in recent years on like issues. Any attempt by your agency to illegally regulate stabilizing braces will be met with a sleuth of lawsuits and tremendous public backlash, SO HELP ME GOD.