August 5, 2023 • 8 mins
In this episode we discuss the most recent pistol brace rule and its implications.
Fountain Podcast App
Follow me on Fountain
Follow twitter @JeffDowdle
Follow me on Truth Social - @JeffDowdle
Convention of States Project
Presearch search engine sign up.
Brave Browser
Find our Representative
email me at jeff@livetoshoot.com
Follow me on Gettr
Follow me on Telegram
subscribe to my newsletter
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:15):
Welcome to the Live2ShootPodcast.
My name is Jeff Dowdell, andI've been a licensed farm dealer
for the last 16 years.
In this podcast, we talk aboutall things related to the Second
Amendment, as well as anythingelse going on in the news, and
anything about my personal life,or any other story that I might
find interesting.
So, welcome, welcome, welcome.
We are still in the midst of 100plus degree temperatures here in
(00:36):
Dallas, and it is just hot.
I just got in from a run.
It's 730, and it was already...
feeling like 90 degrees outthere so it's miserable but hey
it is what it is and if you hearsome banging going on in the
background i don't know if i'llbe able to edit it out or
anything but i haven't roofreplaced so got a hail storm
(00:56):
that came through here a couplemonths ago got some hail damage
so now we're having to have ourroof replaced and It's been like
living in a little war zone forthe last couple of days, but
hopefully they'll finish it upthis morning.
So what a week, what a week wehad Devon Archer being
interviewed by Congress andgoing through the details of pay
(01:16):
for influence scheme of theBidens and the depths of the
involvement of President Bidenin this scheme and the fraud
that is involved.
And and then all of a suddenamazingly, boom, Donald Trump
got another indictment.
So it's funny how that works.
And it is really interesting tosee how this administrative
(01:37):
state, this Regime is doingeverything they can to control
us.
And that, and that is, they're,they're going after Donald
Trump, but they're really,they're going after us because
once they get him out of theway, then we're all easy
pickings, we've alreadydemonstrated that, that we will
run like lemmings off the cliff.
And we need some, we need somestrong leadership to stand up
(01:59):
and protect our rights.
And that's Donald J.
Trump.
And if they.
Can knock him off the chessboard.
Then they feel like they've gotthe whole place under their
control.
And I'm gonna probably be doinga little bit more another
podcast around something aroundthat topic, but in good news,
that administrative state didget its hands slapped back a
(02:23):
little bit, a little bit in theway our, our.
Justice Department.
Justice is supposed to work.
The Fifth Circuit said that thepistol brace ban is more than
likely unlawful.
So if you all remember, and I'mnot, I know this isn't new from
most of you, the ATF put a ruleout saying that if you had a
(02:44):
brace that you could place onyour pistol for support, that In
certain circumstances, butreally actually all pistol
braces that would convert itinto a short barrel rifle and
made it an NFA item, NationalFirearms Act item, which means
it had to be registered and atax stamp paid.
And they gave until, I can'tremember now what it was, May,
(03:08):
June 1, I think.
I guess it all blends together,to for everybody to register and
have a, Grandfathered in thefact they didn't have to pay the
200 tax stamp and a only a veryfew of the millions and millions
are out there actually didregister.
Had a customer yesterday said hehas just hung his on a hook on
(03:28):
his front porch and it's likeATF you don't even not need
knock you can just grab it takeit and go on if you want.
Others have lost a lot of themin some boating accidents and
things like that, but anywaythen the lawsuits persisted and
the Firearms Policy Coalitionfiled an injunction against the
ATF saying, hey, can you please,you know, at least halt the
(03:53):
enforcement of this until we canget a ruling on whether or not
this is constitutional.
And they won that injunction andthen the ATF.
filed an appeal and it went tothe fifth circuit and this week
on a two to one ruling the fifthcircuit said that it's likely
that this these are notconstitutional he's in in their
(04:13):
ruling in a two to one rulingthe Panel found that ATF
exceeded its authority in tryingto reclassify braced guns and
subject them to greaterregulation and federal law.
It's determined the agency hadillegally crossed the line from
enforcing to legislation and theresulting rule must be set aside
as unlawful or otherwiseremanded for appropriate
remediation.
(04:33):
The Three judge panel in thisruling found that the plaintiffs
were likely to succeed in theirclaims that the ATF pistol brace
rule violates the AdministrativeProcedures Act.
It kept in place the multipleinjunctions that barred the ATF
from enforcing the rule againstmembers of the Second Amendment
Foundation, Firearms PolicyCoalition, Gun Owners of
(04:54):
America, or Customers of MaximumDefense.
But now what it's done is it'sjust sent it back.
To the district judge to furtherrule on what the scope of the
injunction is said in itssimplest terms the fifth circuit
just indicated that theplaintiffs fire and policy group
maximum defense and fpcindividual members are likely to
defeat ats pistol brace rulewhen the merits of this case are
(05:17):
finally heard so the case hasn'tbeen decided yet it's being sent
back to the to the districtjudge so he can say is this this
this is this a basically anationwide injunction is this
You know, it originally said ifyou're, you're members of this,
these groups, you're protectedby the injunction, but hey, you
know, these, this is, thesepeople are across the nation, so
(05:39):
let's just make it a nationwideinjunction.
What is the scope of thisinjunction?
But the injunction is going tostay in place until the case is
heard.
So then what happens?
Well we gotta go to court andthe Fifth Circuit likely feels
that the plaintiffs, in thiscase, are going to win and
ultimately, if it has to, theSupreme Court's going to decide
that this rule isunconstitutional.
(05:59):
And so, to me, the, you know,The key thing in here is where
it states that the exceededtheir authority from regulation
to legislation.
That is the approach that thisregime has been taking all along
in multiple cases and itsometimes we've won, sometimes
we, we are losing just dependingbecause there are a lot of
(06:21):
leftist judges out there thatdon't respect the constitution.
That is what we have in jeopardytoo is, is if we have another
four years of whatever thisregime is, whether it's Biden is
the head of it or whoever thenew head of the snake is, we're
going to get more leftist judgesand it's going to be harder and
harder to topple this evilregime that is going, I keep
(06:46):
saying regime, I need a betterword, but anyway, you know what
I mean?
So.
Small wins.
We have to take them, but wecan't quit fighting.
We have to keep fighting.
And that means, you know, sendyour 10 to Donald Trump, give
him money so he can fight forit, fight his legal defenses,
fight for his campaign, help outthe firearms policy coalition,
(07:06):
help out gun owners America.
I'm not a big fan of the NRA, sothere's other groups that we can
send our money to.
I don't think NRA are really ourfriends anymore, but we gotta
keep fighting.
We got to keep this regime down,and we gotta, we gotta share
this information.
We gotta let people know and seewhat's going on.
I watch and listen to news allthe time.
(07:26):
I pay close attention to it, andso to me it seems quite obvious,
but when I start talking topeople, and saying, hey, have
you heard about this, DevinArcher, who's Devin Archer, you
know, what about Hunter Bidenand his laptop, what about it,
there are so many people outthere that still have not heard
some of these.
Just hellacious stories thatthis Biden regime is going on.
They just think he's a friendlylittle grandpa out there eating
(07:49):
his ice cream cone.
They are watching it, but we'vegot to keep opening people's
eyes and sharing these storiesabout what they're trying to do,
where they're succeeding, andobviously where we're winning
and.
It is important and this battingdown the pistol brace rule,
which is obviouslyunconstitutional.
We all have known it is.
(08:09):
It's another small victory.
We have to keep fighting there.
There are battles still outthere.
There's a, a ghost, the partialreceiver rule that we've got to
keep battling.
They are out there and they'recoming for us and they're not
going to stop and they're goingto figure out any way they can
to get to us.
Gotta celebrate our victories,good victory, and hopefully
(08:31):
we'll see what happens nextweek.
We'll see President Trump getsanother indictment probably so.
I'm sure there's some more newson Hunter or President Biden's
gonna come out that they'regonna have to try and obfuscate
by throwing another indictmentout there on, on President
Trump.
So, it's, it's ridiculous, it'slaughable, and everybody should
see it as that.
So, appreciate it.
I think I've said so a ton oftimes, but anyway, have a great
(08:54):
weekend, I'll talk to you later.
Welcome to the Live2ShootPodcast.
My name is Jeff Dowdell, andI've been a licensed farm dealer
for the last 16 years.
In this podcast, we talk aboutall things related to the Second
Amendment, as well as anythingelse going on in the news, and
anything about my personal life,or any other story that I might
find interesting.
So, welcome, welcome, welcome.
We are still in the midst of 100plus degree temperatures here in
(00:36):
Dallas, and it is just hot.
I just got in from a run.
It's 730, and it was already...
feeling like 90 degrees outthere so it's miserable but hey
it is what it is and if you hearsome banging going on in the
background i don't know if i'llbe able to edit it out or
anything but i haven't roofreplaced so got a hail storm
(00:56):
that came through here a couplemonths ago got some hail damage
so now we're having to have ourroof replaced and It's been like
living in a little war zone forthe last couple of days, but
hopefully they'll finish it upthis morning.
So what a week, what a week wehad Devon Archer being
interviewed by Congress andgoing through the details of pay
(01:16):
for influence scheme of theBidens and the depths of the
involvement of President Bidenin this scheme and the fraud
that is involved.
And and then all of a suddenamazingly, boom, Donald Trump
got another indictment.
So it's funny how that works.
And it is really interesting tosee how this administrative
(01:37):
state, this Regime is doingeverything they can to control
us.
And that, and that is, they're,they're going after Donald
Trump, but they're really,they're going after us because
once they get him out of theway, then we're all easy
pickings, we've alreadydemonstrated that, that we will
run like lemmings off the cliff.
And we need some, we need somestrong leadership to stand up
(01:59):
and protect our rights.
And that's Donald J.
Trump.
And if they.
Can knock him off the chessboard.
Then they feel like they've gotthe whole place under their
control.
And I'm gonna probably be doinga little bit more another
podcast around something aroundthat topic, but in good news,
that administrative state didget its hands slapped back a
(02:23):
little bit, a little bit in theway our, our.
Justice Department.
Justice is supposed to work.
The Fifth Circuit said that thepistol brace ban is more than
likely unlawful.
So if you all remember, and I'mnot, I know this isn't new from
most of you, the ATF put a ruleout saying that if you had a
(02:44):
brace that you could place onyour pistol for support, that In
certain circumstances, butreally actually all pistol
braces that would convert itinto a short barrel rifle and
made it an NFA item, NationalFirearms Act item, which means
it had to be registered and atax stamp paid.
And they gave until, I can'tremember now what it was, May,
(03:08):
June 1, I think.
I guess it all blends together,to for everybody to register and
have a, Grandfathered in thefact they didn't have to pay the
200 tax stamp and a only a veryfew of the millions and millions
are out there actually didregister.
Had a customer yesterday said hehas just hung his on a hook on
(03:28):
his front porch and it's likeATF you don't even not need
knock you can just grab it takeit and go on if you want.
Others have lost a lot of themin some boating accidents and
things like that, but anywaythen the lawsuits persisted and
the Firearms Policy Coalitionfiled an injunction against the
ATF saying, hey, can you please,you know, at least halt the
(03:53):
enforcement of this until we canget a ruling on whether or not
this is constitutional.
And they won that injunction andthen the ATF.
filed an appeal and it went tothe fifth circuit and this week
on a two to one ruling the fifthcircuit said that it's likely
that this these are notconstitutional he's in in their
(04:13):
ruling in a two to one rulingthe Panel found that ATF
exceeded its authority in tryingto reclassify braced guns and
subject them to greaterregulation and federal law.
It's determined the agency hadillegally crossed the line from
enforcing to legislation and theresulting rule must be set aside
as unlawful or otherwiseremanded for appropriate
remediation.
(04:33):
The Three judge panel in thisruling found that the plaintiffs
were likely to succeed in theirclaims that the ATF pistol brace
rule violates the AdministrativeProcedures Act.
It kept in place the multipleinjunctions that barred the ATF
from enforcing the rule againstmembers of the Second Amendment
Foundation, Firearms PolicyCoalition, Gun Owners of
(04:54):
America, or Customers of MaximumDefense.
But now what it's done is it'sjust sent it back.
To the district judge to furtherrule on what the scope of the
injunction is said in itssimplest terms the fifth circuit
just indicated that theplaintiffs fire and policy group
maximum defense and fpcindividual members are likely to
defeat ats pistol brace rulewhen the merits of this case are
(05:17):
finally heard so the case hasn'tbeen decided yet it's being sent
back to the to the districtjudge so he can say is this this
this is this a basically anationwide injunction is this
You know, it originally said ifyou're, you're members of this,
these groups, you're protectedby the injunction, but hey, you
know, these, this is, thesepeople are across the nation, so
(05:39):
let's just make it a nationwideinjunction.
What is the scope of thisinjunction?
But the injunction is going tostay in place until the case is
heard.
So then what happens?
Well we gotta go to court andthe Fifth Circuit likely feels
that the plaintiffs, in thiscase, are going to win and
ultimately, if it has to, theSupreme Court's going to decide
that this rule isunconstitutional.
(05:59):
And so, to me, the, you know,The key thing in here is where
it states that the exceededtheir authority from regulation
to legislation.
That is the approach that thisregime has been taking all along
in multiple cases and itsometimes we've won, sometimes
we, we are losing just dependingbecause there are a lot of
(06:21):
leftist judges out there thatdon't respect the constitution.
That is what we have in jeopardytoo is, is if we have another
four years of whatever thisregime is, whether it's Biden is
the head of it or whoever thenew head of the snake is, we're
going to get more leftist judgesand it's going to be harder and
harder to topple this evilregime that is going, I keep
(06:46):
saying regime, I need a betterword, but anyway, you know what
I mean?
So.
Small wins.
We have to take them, but wecan't quit fighting.
We have to keep fighting.
And that means, you know, sendyour 10 to Donald Trump, give
him money so he can fight forit, fight his legal defenses,
fight for his campaign, help outthe firearms policy coalition,
(07:06):
help out gun owners America.
I'm not a big fan of the NRA, sothere's other groups that we can
send our money to.
I don't think NRA are really ourfriends anymore, but we gotta
keep fighting.
We got to keep this regime down,and we gotta, we gotta share
this information.
We gotta let people know and seewhat's going on.
I watch and listen to news allthe time.
(07:26):
I pay close attention to it, andso to me it seems quite obvious,
but when I start talking topeople, and saying, hey, have
you heard about this, DevinArcher, who's Devin Archer, you
know, what about Hunter Bidenand his laptop, what about it,
there are so many people outthere that still have not heard
some of these.
Just hellacious stories thatthis Biden regime is going on.
They just think he's a friendlylittle grandpa out there eating
(07:49):
his ice cream cone.
They are watching it, but we'vegot to keep opening people's
eyes and sharing these storiesabout what they're trying to do,
where they're succeeding, andobviously where we're winning
and.
It is important and this battingdown the pistol brace rule,
which is obviouslyunconstitutional.
We all have known it is.
(08:09):
It's another small victory.
We have to keep fighting there.
There are battles still outthere.
There's a, a ghost, the partialreceiver rule that we've got to
keep battling.
They are out there and they'recoming for us and they're not
going to stop and they're goingto figure out any way they can
to get to us.
Gotta celebrate our victories,good victory, and hopefully
(08:31):
we'll see what happens nextweek.
We'll see President Trump getsanother indictment probably so.
I'm sure there's some more newson Hunter or President Biden's
gonna come out that they'regonna have to try and obfuscate
by throwing another indictmentout there on, on President
Trump.
So, it's, it's ridiculous, it'slaughable, and everybody should
see it as that.
So, appreciate it.
I think I've said so a ton oftimes, but anyway, have a great
(08:54):
weekend, I'll talk to you later.
Popular Podcasts
Fudd Around And Find Out
UConn basketball star Azzi Fudd brings her championship swag to iHeart Women’s Sports with Fudd Around and Find Out, a weekly podcast that takes fans along for the ride as Azzi spends her final year of college trying to reclaim the National Championship and prepare to be a first round WNBA draft pick. Ever wonder what it’s like to be a world-class athlete in the public spotlight while still managing schoolwork, friendships and family time? It’s time to Fudd Around and Find Out!
Crime Junkie
Does hearing about a true crime case always leave you scouring the internet for the truth behind the story? Dive into your next mystery with Crime Junkie. Every Monday, join your host Ashley Flowers as she unravels all the details of infamous and underreported true crime cases with her best friend Brit Prawat. From cold cases to missing persons and heroes in our community who seek justice, Crime Junkie is your destination for theories and stories you won’t hear anywhere else. Whether you're a seasoned true crime enthusiast or new to the genre, you'll find yourself on the edge of your seat awaiting a new episode every Monday. If you can never get enough true crime... Congratulations, you’ve found your people. Follow to join a community of Crime Junkies! Crime Junkie is presented by audiochuck Media Company.
24/7 News: The Latest
The latest news in 4 minutes updated every hour, every day.