Category Archives: Administrative Law

Fifth Circuit Court of Appeals grants LIMITED preliminary injunction against arm brace rule

Posted on May 23, 2023 by John Pierce

Earlier today, in a per curiam decision, the United States Court of Appeals for the Fifth Circuit granted a limited preliminary injunction in the case of Mock v. Garland.  If you recall, this is the same case where a preliminary … Continue reading →

Posted in 2021R-08F, 2A, Administrative Law, Arm Brace, ATF, ATF Ruling, BATFE, Court Rulings, Federal Court, Fifth Circuit, NFA Trusts, Regulatory Rulemaking | Comments Off on Fifth Circuit Court of Appeals grants LIMITED preliminary injunction against arm brace rule

Federal judge in Texas has denied a request for preliminary injunction against the arm brace rule

Posted on March 31, 2023 by John Pierce

ATF Regulation 2021R-08F which effectively redefines arm-braces as butt-stocks for purposes of evaluating whether a firearm falls under the purview of the National Firearms Act (NFA), went into effect on January 31, 2023, and the amnesty period for compliance ends … Continue reading →

Posted in 2021R-08F, Administrative Law, Arm Brace, ATF, Court Rulings, Federal Law, SBR, SBS, Second Amendment, Short Barreled Rifles, Short Barreled Shotguns, Stabilizing Brace | Comments Off on Federal judge in Texas has denied a request for preliminary injunction against the arm brace rule

The easiest way to understand the arm brace rule

Posted on February 5, 2023 by John Pierce

During one of the virtual training sessions the ATF held earlier this week, one of the presenters made a statement that I think bears repeating.  While it isn’t 100% perfect, I think it can help eliminate some of the misunderstandings … Continue reading →

Posted in 2021R-08F, Administrative Law, AR Pistols, Arm Brace, ATF, ATF Ruling, BATFE, Federal Law, SBR, Short Barreled Rifles, Stabilizing Brace | Comments Off on The easiest way to understand the arm brace rule

The arm brace rule (2021R-08F) has been published in the Federal Register, so what do we do next?

Posted on January 31, 2023 by John Pierce

As of January 31, 2023, the arm brace rule (2021R-08F) has been published in the Federal Register. and therefore, has the force and effect of law (unless overturned in the future by a legal challenge). If you own an arm … Continue reading →

Posted in 2021R-08F, Administrative Law, AR Pistols, Arm Brace, ATF, ATF Ruling, BATFE, eForms, Form 1, NFA Trusts, Regulatory Rulemaking, SBR, Short Barreled Rifles, Stabilizing Brace, Tax Stamp | Comments Off on The arm brace rule (2021R-08F) has been published in the Federal Register, so what do we do next?

Documenting the date you assigned your arm brace pistol to your trust

Posted on January 31, 2023 by John Pierce

The ATF has taken the position that, in order to register an SBR under the free tax stamp provision of the arm brace rule (2021R-08F), the pistol must  have already been assigned to, or owned by, the trust prior to … Continue reading →

Posted in 2021R-08F, Administrative Law, AR Pistols, Arm Brace, ATF, ATF Ruling, BATFE, eForms, Form 1, NFA Trusts, Regulatory Rulemaking, SBR, Short Barreled Rifles, Stabilizing Brace, Tax Stamp | Comments Off on Documenting the date you assigned your arm brace pistol to your trust