Latest / Live to Shoot - Defending our 2nd Amendment Rights / ATF Isn’t Done with Pistol Braces… And Your Carry Rights Are on the Line
Transcript
- 0:00welcome to the live Shoot podcast.
- 0:15My name is Jeff Dwin.
- 0:16I've been a licensed firearm dealer for the last 18 years, and this podcast talk about.
- 0:20All things related Second Amendment sports story or anything else that I might find interesting.
- 0:24So welcome welcome.
- 0:25So first before we get started, I just wanna wish everybody a happy Easter.
- 0:29He has risen.
- 0:30He has risen indeed.
- 0:32This is, I'm recording this between, good Friday and Easter Sunday.
- 0:36So just happy Easter to all out there.
- 0:38And another note, I'm gonna put this in the show notes.
- 0:40My pastor interviewed Jeremiah Johnson, who's a scholar here in the Dallas area, and a pastor at the, at Prestonwood Baptist.
- 0:48And on the shroud of turn.
- 0:50And I know yeah.
- 0:51But I wanna tell you, it is fascinating.
- 0:53The facts that there are around the shrouded turn and the amount of evidence that points to do yes, that is legitimately the burial coth of Jesus.
- 1:01And so if any of you are, skeptics or on the fence and want some evidence that says, Hey, I want some proof that Jesus was resurrected the shroud may be some good proof.
- 1:13If it's not, if it's proven to be a fake or whatever, it doesn't change my faith, but I'll put it in there.
- 1:18It's fascinating.
- 1:19It's.
- 1:20Good interview.
- 1:21And I just wanna share that on this Easter weekend, let's get to it.
- 1:25So this week, in the last few weeks we've had a couple major developments that I wanna make y'all aware of first.
- 1:31If you get my newsletter, you've seen the articles that a TF may not be done with pistol braces.
- 1:36And second, there's a growing challenge to the restrictions on carrying firearms in national parks.
- 1:42Both of these hit on something bigger, than just policy.
- 1:44They hit on, control.
- 1:45Who defines the rules, who enforces'em, and where do the rights actually begin and end.
- 1:50So let's start with the A TF.
- 1:52So if you thought the pistol brace issue was settled, think again.
- 1:55There's more indications that the A TF is preparing to continue to enforce or revive restrictions tied to pistol braces, despite the legal challenges that have already pushed back on the rule.
- 2:07Now, let's remember what it's all about.
- 2:08The A TF attempted to reclass pistol braces as short bill rifles, effectively turning them, turning millions of them previous legal firearms into items regulated under the NFA.
- 2:19That means, the re registration, used to be tax stamps, felony exposure for non-compliance.
- 2:25And none of it because any new law was passed just because they interpreted an existing one, and that's the core issue.
- 2:32It isn't just about pistol braces, it's something that we've talked about before, regulatory overreach.
- 2:38When an A TF, when an agency like the A TF can take common accessories, something widely owned, widely used in previously approved, and suddenly refine it in a way that creates criminal liability.
- 2:49That's not just enforcement, it's lawmaking.
- 2:51And that's where the concern comes in because if they do it with pistol braces, they can do it with something else.
- 2:57And we've already seen that pattern bump stocks, triggers, parts, definitions, the line keeps moving.
- 3:04So legally, the pistol brace rule has already faced serious challenges.
- 3:08Courts have issued injunctions.
- 3:10There's ongoing lit litigation, questioning whether a TF even has the authority to make the kind of sweeping reclassification.
- 3:17And here's the key takeaway.
- 3:18Just because the rule is being challenged doesn't mean the issue's over.
- 3:21And if the a TA continues pushing enforcement even selectively, that creates uncertainty for millions of governor.
- 3:28So right now we're in a familiar place, legal limbo, but when the law isn't clear and enforcement becomes unpredictable, so what's it mean?
- 3:37It means for you, you need to stay informed.
- 3:40It means you need to understand that just because something was legal yesterday doesn't guarantee it was treated the same tomorrow.
- 3:46And most importantly, it means this fight isn't over, not in the courts, not in policy, and definitely not in practice.
- 3:52And another I wanna add to this just the recent development of the changing of the Attorney general Pam Bondy.
- 3:59I don't know what that impact that's gonna have either, I wasn't against Pam Bond and I wasn't a fan of Pam Bond.
- 4:06The people in the Second Amendment community, a lot of'em really had a lot of issues with Pam Bond, her nomination as well as how she has run the Department of Justice.
- 4:16Since she's been here in, in the sense of trying to, and it's been a mixed bag and it's hard to really pin down.
- 4:22But there are cases out there that the Department of Justice could not even and the A TF may just say, could just say, Hey.
- 4:31We're not gonna defend, we're not gonna fight this.
- 4:33And the pistol braces is one of them.
- 4:35So I don't know.
- 4:37She has been really weak.
- 4:38I weak is a strong word on the Second Amendment.
- 4:41Inconsistent.
- 4:43So now that we have a new attorney general, or at least an interim one we'll see if he directs the a TF in other directions, so Department of Justice over to A-T-F-F-B-I, all those law enforcement agencies.
- 4:55So we will see now.
- 4:58So let's shift gears because the second story is one that could expand your rights in a very real and practical way.
- 5:05There's growing legal challenges to restrictions on carrying firearms in national parks.
- 5:09And this gets into questions that should sound familiar right now.
- 5:12Where does the government have authority to restrict your right to carry?
- 5:15'cause national parks are federal land, and historically federal government has imposed stricter rules in certain areas, even when those rules don't align with state law.
- 5:24But that's being challenged.
- 5:25Under the Supreme Court decision, New York state Rifle and Pistol Association, v Bruin, the standard is clear.
- 5:31The government wants to restrict your right to carry.
- 5:34It has to show that the restriction is consistent with historical tradition of firearm regulation, not modern policies, not public safety arguments alone history.
- 5:43So the question becomes is a historical tradition of banning, carrying places like National Park, and that's where the challenge gains strength'cause National Parks as we know today.
- 5:52It didn't exist at the founding, so the government has a stretch and when it stretches, the government gets weaker, this challenge exceeds, it could do more than just change rules in national parks.
- 6:01It could reinforce limits on sensitive places.
- 6:04'cause right now that's one of the biggest battlegrounds in the Second Amendment.
- 6:07Governments are trying to define more and more as areas of sensitive places, places where Carrie is restricted, such as Times Square in New York City that is listed as a restricted place.
- 6:17And so people, if you're going in, in, and this is a little sidebar, if you're in New York City moving around, you're gonna have to go through, Manhattan through Times Square.
- 6:25And you can't avoid it in a lot of places.
- 6:28But if we push back, that list starts to shrink.
- 6:32And your ability to carry legally consistency and without confusion expands.
- 6:36And again, another item that's coming up is national reciprocity for concealed carry.
- 6:41We'll talk about that probably in another podcast now.
- 6:45Let's look step back and look at both of these stories together.
- 6:47One side you have the A TF expanding definitions.
- 6:50On the other side, you have courts potentially limping where the government can restrict your rights.
- 6:54One is expansion of power.
- 6:56The other is a test of limits, and that's where we are right now in the middle of a legal and constitutional tug of war.
- 7:02So here's the bottom line.
- 7:03The fight over crystal braces isn't finished and the fight over where you can carry is just getting started.
- 7:09And both of these issues are going to shape what the Second Amendment looks like going forward, not in just theory.
- 7:15In everyday life.
- 7:16'cause at the end of the day, rights don't just exist on paper.
- 7:20They exist in how they're enforced.
- 7:21And right now that's exactly what's being decided.
- 7:24So if you found this episode valuable, subscribe, share it with somebody give it five stars.
- 7:31Do whatever you can.
- 7:33I appreciate it.
- 7:35Because we have to continue to fight for our rights because the challenge to our second amendment is not going away.
- 7:42So I appreciate it.
- 7:43Again, happy Easter.
- 7:44Have a great weekend and we will talk to you later.
- 7:46Okay.