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In this episode we discuss the approaching end of the pistol brace grace period and what to do now.
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Episode Transcript

(00:15):
Welcome to the Live to Shootpodcast.
My name is Jeff Dole and I'vebeen a licensed firearm dealer
for the last 15 years.
In this podcast, we'll talkabout all things related to the
Second Amendment anything elsegoing in the news or anything
going on in my personal life.
So welcome, welcome, welcome.
As promised, last week I did notget an episode out.
It was a crazy, crazy week.
We had, my son graduated lastSaturday.

(00:40):
We went to my great niece'sballet dance recital on Friday
night.
She's four.
And then we all day Saturday wastied up with graduation.
Then my great niece stayed withus Saturday night, so we were
busy and it was a lot of fun.
Got to see all of our family,our most of our family anyway,

(01:01):
but no time for a podcast andreally there wasn't a lot for me
to talk about that I.
Thought was of, of interest toanybody, but now we do.
So just a couple updates fromthe last time we talked.
So the first thing I wannaupdate is the Supreme Court
case, or the, the case that AmyConey Barrett in the Supreme
Court interjected into out ofthe seventh Circuit where

(01:25):
Illinois and then the City ofNaperville have.
An assault weapons band and hadgone to the Supreme Court or
gone to the seventh Circuit andthe plaintiff decided to go
directly to the Supreme Court toask for them to interject on the
case before it was actuallyprocessed through the seventh

(01:46):
Circuit.
And surprisingly Amy ConeyBarrett Supreme Court Justice,
who is over the seventh circuit.
Actually decided to hear thiscase, or at least respond to it.
And she gave the defendant avery short window of time to
respond on why she shouldn'tenter an injunction to pause the

(02:07):
law until.
The case was settled andunfortunately when it came back,
she allowed them to go aheadwith the, in the injunction or
go ahead and didn't issue theinjunction.
I apologize for that and.
You know, there was a lot ofconjecture back and forth and,
you know, what's this mean forthe Second Amendment?
She's weak on the SecondAmendment, you know, let the

(02:30):
left is celebrating the right isringing their hands.
And from the people that I, youknow, follow and, and listen to
the scholars around SupremeCourt and legislation and
judicial matters said that itwould've been really, really
surprising if in the middle of acase At the appeals court if the

(02:51):
Supreme Court actually steppedin, they don't do that.
They want the, all the legalitems, issues to be leg
negotiated or heard before itcome, comes to them.
But it was interesting that AmyConey ever took an interest.
So there, that is positive, butwe can wait.
We can expect though that thiscase is gonna make it to the

(03:13):
Supreme Court.
In one way or the other and theSupreme Court's gonna probably
hear it, and it could mean a lotof it could wipe out all of
these assault bans that we havegoing on.
So, not great news, but wasn'tdevastating and, and really
would've been more shocking ifshe had done something
apparently.
Now the next item.

(03:35):
Is a pistol brace rule, and weare, as of the recording of
this, 12 days away from the endof the grace period that has
been issued.
So as a reminder, in January, anew rule went into effect May,
saying that AFA pistol brace isattached to an AR pistol that

(03:55):
makes that a short barreledrifle, and thus it needs to be
registered as an NFA item.
And the ATF gave 120 day graceperiod, which is goes through
May 31st for everybody toregister their pistol braces

(04:15):
slash.
Ar pistols as short billedrifles and they waived the$200
tax stamp to do, to allow you todo this.
So we have, there's been severalcourt cases.
The judicial committee hasreviewed and passed a law out of
committee to ban this rule.

(04:36):
But it has not hit.
The floor, the House for Vote orthe Senate, and it would not
even get signed by thepresident.
But then there's also severalcourt cases that are in flight
right now regarding this, thatoriginally, you know, my advice
to people was sit back and seewhat happens.
Let's wait and see.

(04:56):
Well, we're getting toward theend and the wait and see window
is closing on us.
So, People are gonna have to dosomething because unless
something happens in the last TWnext 12 days, there's a
likelihood that the graceperiod's gonna end.
And if you haven't done one ofreally three things, you will be

(05:16):
a felon in possession of anunregistered item.
So what are those three thingsthat you can do?
This is the way I see it, andnot everybody can do one of, or
all of all three of thesedepending on what state you live
in.
But the three options that youhave is to, one, register your
pistol as a, as a short barrelrifle.

(05:37):
That's the first thing.
You can go and, and register itand put your name out there and
address and everything likethat.
The second thing is you canremove the brace.
And not attach it to the arpistol.
So the interesting thing aboutthis, unlike a lot of the other
items that are, have been ruledon, especially recently, like

(05:57):
bump stocks and force resettriggers and auto key cards and
solvent traps, all those typesof things that we've seen, those
items were considered.
Those individual items wereconsidered machine guns or
suppressors, such as the, thebump stocks were said that if

(06:22):
you have a bump stock, you arein possession of a machine gun,
so you had to either destroy itor register it.
The, you couldn't be inpossession of it without it
being registered.
The brace is not considered oneof those items until it is
actually placed on.
The pistol so you can actuallybe in possession of it and not

(06:42):
be breaking the law as long asit's not attached to your
pistol.
Do you wanna be in thatsituation?
I don't know.
And then the third thing you cando is you can add a longer
barrel onto your pistol, add astock to it, and make it an AR
rifle and not be a short railrifle.
And then, like I said, the otherthing is you can just destroy or

(07:03):
throw out your pistol brakes.
One of those, you know, if you,if you are your.
Destroy or throw out your ARpistol if you wanted.
But really the three things areremove it, register it, make the
pistol into a rifle.
Those are your three things.
So what do I suggest?
I don't know.
It really depends on yoursituation.

(07:24):
If you don't register it andthings don't change, you're
forever kind of in limbo at thatpoint in time, cuz now you, you
would have to go and register itif you wanted to attach it, and
then you're gonna be miss thewindow and you're gonna have to
pay$200 tax stamp to do allthat.
So it's really up to the person.

(07:44):
I fullheartedly believe thatthere's gonna be some case
settled that's gonna make thisrule unlawful, unconstitutional.
And we can go back to the way weare.
And at that point in time, Iwouldn't want to have a, an item
registered with the N F A if Ididn't have to.
So that's my suggest.

(08:05):
My su indirect su suggestion isto remove it and wait and see.
But, That may or may not workfor you.
It is really up to eachindividual, but you're gonna
have to do something, one thingor the other because you don't
wanna get in the position ofhaving a pistol brace on a sh,
on a rifle or on a pistol andnot have it registered at the on

(08:27):
June one.
And then, By some happenstance,some ATF agent comes kicking in
your door, and now that you're afelon, I don't know what's gonna
happen.
I don't know how they're gonnaenforce this.
There, there's a lot of unknownson this, but again, we're down
to 12 days, so something's gonnahave to be done.
And.

(08:49):
That is my advice to you.
We will sit and wait and see,but in the meantime, again, it
just shows why we have to getrid of this administrative
state.
Get rid of the atf.
We have got to start reallyclamping down on.
Who we put in office and thenwhat they do with the people
that they hire.

(09:09):
It is ridiculous.
So I appreciate you listening.
Thank you.
Share this with other people.
Do all those types of things.
Follow like it, do whatever youwant.
Appreciate it.
Have a great weekend.