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January 29, 2023

First, They Came for the Bump stocks, and I did not speak out

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because I did not own one…

Then they came for the pistol braces, and I did not speak out

because I did not own one…

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You’ve probably heard of the federal fiasco that is the new pistol brace rule and wondered why you should care. Our little homage to First They Came for the Gun Owners should suggest where all of this is going. Let’s start, though, by breaking the latest horrible developments into manageable bites.

To begin, what exactly is a pistol brace, and who would use one?

Pistol braces were originally developed for disabled veterans. The brace is designed to clamp around the shooter’s forearm to help stabilize the weapon. Visually, they resemble a conventional rifle stock. The ATF originally approved them but then reversed course, making up new rules with the force of law as it went along.

Image: ATF badge. Public domain.

So, why is this an issue?

All of this harkens back 89 years ago to the National Firearms Act of 1934 (“NFA”). During its initial legislative sausage-making stages, the act was going to ban handguns. To that end, the act also made it illegal to cut down a rifle or shotgun to make it concealable like a handgun, all so that criminals wouldn’t be able to get around the pistol prohibition.

This is why there are length requirements for rifles and shotguns and case law on sawed-off shotguns and the like. Later on, the bill’s sponsors removed the handgun ban was taken out of the NFA to garner enough votes and to pass constitutional muster.