Federal agents found an illegal assault rifle in the closet of Garret Miller’s Richardson home when they arrested him for storming the U.S. Capitol, court...
But over the past decade, authorities say, braces evolved, transforming pistols into assault rifles intended to be fired from the shoulder by those without disabilities. Many fire high-velocity rounds that can pierce police body armor.
The appeals court said its temporary injunction pending appeal applies only to the plaintiffs in the case. The order is not expected to prevent ATF from enforcing the rule nationally. But it’s unclear whether the bump stock prohibition will hold. Two federal appeals courts have since stuck down the nationwide ban, making it likely that the matter will end up before the U.S. Supreme Court.
“The NFA imposes severe taxes, burdens, delays, and restrictions upon the acquisition, possession, and lawful use of the arms it regulates, including short-barreled rifles,” a lawsuit filed by a gun company and Texas gun owners said. “Indeed, ATF concedes that the purpose of the NFA was to stop individuals from purchasing certain arms.”
Hayes said pistols with stabilizing braces are not designed to be fired from the shoulder and therefore should not be classified as rifles. Many gun owners unaware of the new regulatory change will be subject to criminal charges, he said.But gun control supporters say the change is needed to keep dangerous weapons out of the wrong hands – such as gang members, domestic terrorists and other criminals.
Derek Cohen, vice president of policy for the Texas Public Policy Foundation, a conservative Austin think tank, said the shorter barrel makes the gun less lethal by reducing the velocity of the bullets. ATF agents are not expected to go door to door to arrest gun owners with unregistered braced firearms. Typically, such gun charges are filed when law enforcement officers find the weapons while investigating other criminal activity such as drugs and threats, as in Miller’s case.Miller and at least two other North Texans have been prosecuted for unregistered short-barreled rifles in recent years.
The prosecutor, Joseph Magliolo, said Congress and the Supreme Court have recognized that such rifles are “likely to be used not for self-defense but for criminal purposes.”
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