(The Epoch Times)—A federal judge has blocked the ATF from enforcing its pistol brace rule for millions of members of the National Rifle Association (NRA) as the appeals process plays out.
It came after the NRA filed a lawsuit against the ATF, or the Bureau of Alcohol, Tobacco, Firearms and Explosives, arguing that the agency’s rule to reclassify the brace-equipped pistols as short-barreled rifles is unconstitutional.
U.S. District Judge Sam Lindsay sided with the gun rights group, arguing that the Fifth U.S. Circuit Court of Appeals already concluded that the ATF pistol-brace rule “fails the logical outgrowth test and violates” the Administrative Procedure Act (APA) and is “unlawful” under the act.
“The court, therefore, sees no reason why it should not consider this argument and APA claim in ruling on Plaintiff’s Motion,” the judge added. “To not do so would be exalt form over substance, particularly since the Fifth Circuit has already determined that this claim has a substantial likelihood of succeeding on the merits.”
The judge agreed with the NRA’s arguments that its members would be substantially harmed by the ATF rule, which was finalized in January 2023.
“Compliance with the Final Rule is not discretionary, and the NRA’s members face severe penalties for their failure to comply with the Final Rule,” Judge Lindsay wrote in the ruling last week. “Accordingly, both of the final requirements for injunctive relief are satisfied because the threatened injury to the NRA’s members outweighs the threatened harm to the Defendants, and enforcement of the Final Rule under the circumstances will not disserve the public interest.”
Pistol braces were first marketed in 2012 as a way of attaching a pistol to the shooter’s forearm, stabilizing it and making it easier to use for disabled people. However, many users found that the braces could also be placed against the shoulder, like the stock on a rifle.
The disputed ATF rule classifies some guns equipped with pistol braces as short-barrel rifles, based on several factors including their size and weight and the manufacturers’ marketing materials. Short-barrel rifles are subject to special registration, longer waiting periods for purchase, and higher taxes because officials have claimed they are potentially more dangerous than handguns.
“While firearms equipped with ‘stabilizing braces’ or other rearward attachments may be submitted to ATF for a new classification determination, a majority of the existing firearms equipped with a ‘stabilizing brace’ are likely to be classified as ‘rifles’ because they are configured for shoulder fire based on the factors described in this rule,” the ATF rule says.
Because the brace-equipped firearms will have a barrel fewer than 16 inches in length, they are “likely to be classified as short-barreled rifles” that are subject to the enhanced federal regulation, it adds.
In a 2–1 ruling last year, the Fifth Circuit found that the ATF finalized the rule without giving the public a meaningful chance to comment on it. That made it invalid under the federal Administrative Procedure Act, the panel found.
The court at the time did not immediately block enforcement of the rule, instead sending the case back to a lower court judge who found that it violated the U.S. Constitution’s Second Amendment.
“[T]he Court finds that the Government Defendants’ implementation and enforcement of the Final Rule substantially threatens to inflict irreparable constitutional harm upon the [Firearms Policy Coalition] members,” Judge Reed O’Connor wrote last year. “Absent injunctive relief, the Final Rule will impair and threaten to deprive them of their fundamental right to keep and bear commonly used arms as a means of achieving the inherently lawful ends of self-defense.”
Other than NRA members, the previous Fifth Circuit ruling allowed members of the Firearms Policy Coalition, the Second Amendment Foundation, and Gun Owners of America to not face ATF enforcement regarding the braces.
In a news release last week, the NRA, which has millions of members nationwide, said that Judge Lindsay’s order represents a big win for its members. It noted that members of the group who need to use a pistol brace will be shielded from potential ATF enforcement.
“This is a major victory for the NRA, its members, and all who believe in Second Amendment freedom,” NRA President Charles Cotton said in the release. “From day one, we vowed to fight back against President Biden and his rogue regulators—and to defeat this unlawful measure.”
Under the rule, if a person is caught using a pistol brace that has not been registered, the weapon can be seized by federal officials and the owner could face a fine of $10,000 or prison time of up to 10 years, according to the ATF. The agency says gun owners must either remove the brace from the pistol, register it as a short-barreled rifle, remove the barrel and attach a longer one, forfeit the firearm at a local ATF office, or destroy it.
The ATF or the Department of Justice have not yet issued a response to the ruling.
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Five Things New “Preppers” Forget When Getting Ready for Bad Times Ahead
The preparedness community is growing faster than it has in decades. Even during peak times such as Y2K, the economic downturn of 2008, and Covid, the vast majority of Americans made sure they had plenty of toilet paper but didn’t really stockpile anything else.
Things have changed. There’s a growing anxiety in this presidential election year that has prompted more Americans to get prepared for crazy events in the future. Some of it is being driven by fearmongers, but there are valid concerns with the economy, food supply, pharmaceuticals, the energy grid, and mass rioting that have pushed average Americans into “prepper” mode.
There are degrees of preparedness. One does not have to be a full-blown “doomsday prepper” living off-grid in a secure Montana bunker in order to be ahead of the curve. In many ways, preparedness isn’t about being able to perfectly handle every conceivable situation. It’s about being less dependent on government for as long as possible. Those who have proper “preps” will not be waiting for FEMA to distribute emergency supplies to the desperate masses.
Below are five things people new to preparedness (and sometimes even those with experience) often forget as they get ready. All five are common sense notions that do not rely on doomsday in order to be useful. It may be nice to own a tank during the apocalypse but there’s not much you can do with it until things get really crazy. The recommendations below can have places in the lives of average Americans whether doomsday comes or not.
Note: The information provided by this publication or any related communications is for informational purposes only and should not be considered as financial advice. We do not provide personalized investment, financial, or legal advice.
Secured Wealth
Whether in the bank or held in a retirement account, most Americans feel that their life’s savings is relatively secure. At least they did until the last couple of years when de-banking, geopolitical turmoil, and the threat of Central Bank Digital Currencies reared their ugly heads.
It behooves Americans to diversify their holdings. If there’s a triggering event or series of events that cripple the financial systems or devalue the U.S. Dollar, wealth can evaporate quickly. To hedge against potential turmoil, many Americans are looking in two directions: Crypto and physical precious metals.
There are huge advantages to cryptocurrencies, but there are also inherent risks because “virtual” money can become challenging to spend. Add in the push by central banks and governments to regulate or even replace cryptocurrencies with their own versions they control and the risks amplify. There’s nothing wrong with cryptocurrencies today but things can change rapidly.
As for physical precious metals, many Americans pay cash to keep plenty on hand in their safe. Rolling over or transferring retirement accounts into self-directed IRAs is also a popular option, but there are caveats. It can often take weeks or even months to get the gold and silver shipped if the owner chooses to close their account. This is why Genesis Gold Group stands out. Their relationship with the depositories allows for rapid closure and shipping, often in less than 10 days from the time the account holder makes their move. This can come in handy if things appear to be heading south.
Lots of Potable Water
One of the biggest shocks that hit new preppers is understanding how much potable water they need in order to survive. Experts claim one gallon of water per person per day is necessary. Even the most conservative estimates put it at over half-a-gallon. That means that for a family of four, they’ll need around 120 gallons of water to survive for a month if the taps turn off and the stores empty out.
Being near a fresh water source, whether it’s a river, lake, or well, is a best practice among experienced preppers. It’s necessary to have a water filter as well, even if the taps are still working. Many refuse to drink tap water even when there is no emergency. Berkey was our previous favorite but they’re under attack from regulators so the Alexapure systems are solid replacements.
For those in the city or away from fresh water sources, storage is the best option. This can be challenging because proper water storage containers take up a lot of room and are difficult to move if the need arises. For “bug in” situations, having a larger container that stores hundreds or even thousands of gallons is better than stacking 1-5 gallon containers. Unfortunately, they won’t be easily transportable and they can cost a lot to install.
Water is critical. If chaos erupts and water infrastructure is compromised, having a large backup supply can be lifesaving.
Pharmaceuticals and Medical Supplies
There are multiple threats specific to the medical supply chain. With Chinese and Indian imports accounting for over 90% of pharmaceutical ingredients in the United States, deteriorating relations could make it impossible to get the medicines and antibiotics many of us need.
Stocking up many prescription medications can be hard. Doctors generally do not like to prescribe large batches of drugs even if they are shelf-stable for extended periods of time. It is a best practice to ask your doctor if they can prescribe a larger amount. Today, some are sympathetic to concerns about pharmacies running out or becoming inaccessible. Tell them your concerns. It’s worth a shot. The worst they can do is say no.
If your doctor is unwilling to help you stock up on medicines, then Jase Medical is a good alternative. Through telehealth, they can prescribe daily meds or antibiotics that are shipped to your door. As proponents of medical freedom, they empathize with those who want to have enough medical supplies on hand in case things go wrong.
Energy Sources
The vast majority of Americans are locked into the grid. This has proven to be a massive liability when the grid goes down. Unfortunately, there are no inexpensive remedies.
Those living off-grid had to either spend a lot of money or effort (or both) to get their alternative energy sources like solar set up. For those who do not want to go so far, it’s still a best practice to have backup power sources. Diesel generators and portable solar panels are the two most popular, and while they’re not inexpensive they are not out of reach of most Americans who are concerned about being without power for extended periods of time.
Natural gas is another necessity for many, but that’s far more challenging to replace. Having alternatives for heating and cooking that can be powered if gas and electric grids go down is important. Have a backup for items that require power such as manual can openers. If you’re stuck eating canned foods for a while and all you have is an electric opener, you’ll have problems.
Don’t Forget the Protein
When most think about “prepping,” they think about their food supply. More Americans are turning to gardening and homesteading as ways to produce their own food. Others are working with local farmers and ranchers to purchase directly from the sources. This is a good idea whether doomsday comes or not, but it’s particularly important if the food supply chain is broken.
Most grocery stores have about one to two weeks worth of food, as do most American households. Grocers rely heavily on truckers to receive their ongoing shipments. In a crisis, the current process can fail. It behooves Americans for multiple reasons to localize their food purchases as much as possible.
Long-term storage is another popular option. Canned foods, MREs, and freeze dried meals are selling out quickly even as prices rise. But one component that is conspicuously absent in shelf-stable food is high-quality protein. Most survival food companies offer low quality “protein buckets” or cans of meat, but they are often barely edible.
Prepper All-Naturals offers premium cuts of steak that have been cooked sous vide and freeze dried to give them a 25-year shelf life. They offer Ribeye, NY Strip, and Tenderloin among others.
Having buckets of beans and rice is a good start, but keeping a solid supply of high-quality protein isn’t just healthier. It can help a family maintain normalcy through crises.
Prepare Without Fear
With all the challenges we face as Americans today, it can be emotionally draining. Citizens are scared and there’s nothing irrational about their concerns. Being prepared and making lifestyle changes to secure necessities can go a long way toward overcoming the fears that plague us. We should hope and pray for the best but prepare for the worst. And if the worst does come, then knowing we did what we could to be ready for it will help us face those challenges with confidence.
