Well, it Seems They Always Have Been SBRs…

Friday, January 13, 2023, the ATF published the final rules for braced firearms, affirming that they are and always have been Short Barreled Rifles – regardless of prior advice from the agency.


The ATF has agreed to “forbearance” of the $200 fee, which still stands… they just agree to not collect it during registration of braced pistols.

They state that these firearms have always been SBRs, and that they just errored in their analysis in the past. For that reason, when they were transferred to you by an FFL as an individual they are currently in your individual possession as an SBR now unless transferred to a trust prior to 1/13/2023. For that reason, you must generally register these as an individual on Form 1.They consider them to be SBRs now unless you take an action to make them not be SBRs (destroy the brace permanently; change the barrel to over 16 inches). Note that an AR-15 recoil extension behind the receiver may be considered something that can be shouldered on an AR-15 pistol since the surface area no longer is being analyzed.

You will need to provide correct form fingerprint cards by mail or the electronic format fingerprint file for each one you register, and send a notification packet to your CLEO. I don’t understand why new ones are necessary if you already have NFA items on registry, but they appear to be needed.

Consider waiting until after the rule actually publishes on the Federal Register before filing the Form 1. That is when the process will become official.

While GOA/GOF, SAF, FPC and a number of state organizations will likely file lawsuits against this rulemaking, resolving them will take time, involve risk and great expense. Support them as you can.

ATF makes interesting statements in their “Factoring Criteria” document. They indicate that in the last years, about 210 braced firearms involved in crimes have been analyzed by their laboratories. They also indicate an estimate of 3 million braced firearms exist in civilian hands. SIG submitted an estimate of 5 million. Even assuming ATF’s estimate, that means that .007 percent of these firearms were submitted after criminal incidents. That is remarkably low.

NFA is characterized as existing to register “particularly dangerous” “gangster weapons”. With over 3 million braced pistols in circulation over the last decade, it would seem that braced pistols are in “common use”, and that they are not rare, or “particularly dangerous”. It’s difficult to see from the ATF’s own statements, and from FBI statistics how these commonly used firearms should justifiably remain under the NFA.

There are possible Chevron Deference violations in this rulemaking. The questions is whether Congress expressly authorized the agency to define these firearms as SBRs after a decade of use under the GCA, potentially violating the concept of lenity for perhaps millions of citizens.

The ATF addresses all these things, and feels that they have the justification to proceed in their rulemaking. This will likely wind it’s way through a number of levels of courts, encounter disagreement between the Federal District Appeals Courts and then end up in the Supreme Court the way the Bump Stock rules have now in the Cargill v. Garland case.

By what’s key is that Biden’s DOJ simply does not care, and Congress cannot override this action at this point.

The brace is not being registered or  taxed. The pistol firearm with brace can now generally considered a SBR. The ATF has stated that it is an SBR, and has always bene a SBR and that they made errors in declaring them GCA firearms in the past.

They give owners choices. Register them within 120 days and they will “forebear ” (or forget to collect) the $200 transfer tax; or destroy the brace, or install a 16 inch barrel or turn in the firearm or destroy the firearm. If you register it on form 1, you submit fingerprints and notify your CLEO. Some states do not permit civilians to own NFA firearms.

If your FFL transferred the braced SBR to you individually you register it as an individual unless you transferred it to a trust prior to 1/12/2023. Registration involves submitting form 1 online, fingerprints and notification of your CLEO.

The rulemaking is sure to be challenged by GOA/GOF; SAF; FPC and a number of state firearms rights organizations.

Issues of Chevron Deference violation, Lenity and other legal principles were dismissed by the ATF in their order, but are sure to be brought up after the 5trh Federal Circuit ruling on Cargill v. Garland last week.

Understand that Congress cannot address this since the Senate will not pass a bill and the Biden Administration supports the ATF actions. Only the judiciary can reverse this, and that will take time and be expensive. That is, of course, what is anticipated by the agency.

Note that the “factoring criteria” anticipates that there are 3,000,000 of these in use today after a decade of general distribution under the GCA, and that there have bene two incidents of criminal use, and 210 braced firearms submitted to them in the last 5 years for analysis. Still, they describe them as “particularly dangerous” weapons controlled because of “gangster use” as identified for inclusion in the NFA in 1938.

In the post NYSRPA v. Bruen world, where rules didn’s exist about barrel length, how a user shoulders a weapon, and treatment of weapons in “common use” in 1789 when the 2nd Amendment was adopted and 1868 when it was incorporated to the States by the 14th Amendment, one might question how this possible  infringement might impact analysis by a court respecting the Supreme Court.

NYSRPA v. Bruen removes the concept of “Scrutiny” from the court’s analysis of government laws and actions. From June, 2022 on, the 2nd Amendment means what it says, and exactly what it meant in 1789 and 1868, There is no longer “wiggle room”. “Shall not be infringed” doesn’t seem compatible with the 300 pages of rules and explanation that are based on the length characteristics of a rifle or pistol when there were no traditions about this back when the 2nd Amendment was conceived and written.

The arguments in the ATF factoring criteria are tortured. The ruling is somewhat based on how a firearm is advertised and how you end up using something, not it’s physical characteristics. This is similar to regulating weapons because they are “scary” (something Maryland and others justify their “Assault Weapons” bans with).

In the end, the ATF makes it clear in their own argument that there is no evidence that the 3,000,000 weapons with these characteristics are in common usage, and that they are – in fact (based on the evidence from FBI statistics) not “particularly dangerous” and not the choice of modern day criminals as “gangster weapons”.

And the “Winner” is…

I have little doubt that the Corona-19 Virus pandemic originated in the “Gain of Function” Research that was prohibited in the USA as too dangerous, and that NIH assisted in moving to and funding in Wuhan.

If you look at the most high level impact of the subsequent pandemic, you can see that almost every impact worked to China’s benefit and against the rest of the world. It leveraged our cherished liberty and freedom to assist in the general confusion and the effective spread of the virus. The confusion and delays in taking steps to stop viral spread plus our general suspicion of government bureaucrats and the deep state in most representative nations ensured efficient spread.

China did not suffer like other free nations because they quickly acted to lock down their nation without damaging their economy. In fact, as supplier of personal protection products to the world, China economically benefited as the rest of the world sank deeply into unfathomable debt. China has gained in economic prosperity.

As an “experiment”, observing the spread of the Corona virus helps military planners understand how to perfect biological warfare. China has gained in knowledge.

As a further “experiment” the spread of the Corona virus has been tested in a wide range of styles of government and centralized as well as distributed healthcare systems. The public healthcare organization of a wide range of nations has been tested, and can now be manipulated during future biological warfare. Note the differences in impact to the citizens of India versus the United States. Note the differences in impact to the citizens of Africa versus Europe. All this observed and documented is very potent strategic knowledge.

China, like Germany in 1933, is a nation that wants more “living space”. This is clearly shown by their activities in the South China Sea and along the Tibet border. If you want more “living space” for your own population, you don’t want to invade an occupied territory. You want it available for your people without opposition. China has gained strategic direction.

Look around the world for the “winners” and “losers” associated with the Corona-19 virus pandemic. China has gained in every area – and done it without any revenge from the victims of the pandemic.

Memphis Erases Bedford Forrest

As statues come down, and remains get relocated… guilt is the gift that keeps on giving…

You can forget history, but you cannot “erase” it… If you forget it, you are bound to repeat it.

Note the widespread “symbolic” actions that are presaging the Left’s “silent revolution”… The “thought police” are generally the first wave…

I respect those individuals who fought bravely in the Civil War (a.k.a.”War of Northern Aggression”)… I do not support the institution of slavery that the South fought for. I doubt many people do. I do respect that this war represented a conflict of cultures. It ended in 1865.

The Leftist Democrats of the South didn’t see it that way, and fought for at least 100 more years during the “Reconstruction” and “Jim Crow” eras. They were no more justified in their actions then than the new BLM / AntiFa infused Leftist Democrats are today. In both cases, they seek to divide America and work against our strongest asset – the assimilation of people from all over the world into a culture of liberty and opportunity.

Those things don’t matter to the “subjects” that Leftist Democrats visualize our nation consists of. They have worked steadily since 1963 to destroy the culture of Black Americans, destroy their family units, infuse the people with drug addiction, nurture violence and establish widespread dependency upon government.

This is destructive to America. It puts American citizens last. It justifies widespread oppression of American liberty and it is wrong. Disastrously wrong.


You’re about to hear a new term, “gain of function research”. 


It’s a controversial branch of virology in which scientists work to make a virus more transmissible and more virulent. Misused, it could be used to weaponize viruses. 

It’s considered so dangerous that US deep state agencies decided we should not do this research in the United States… 

But the deep state also wanted the research to continue, so they moved the work off shore to: (you guessed it)… 


Here’s a discussion of Faucci talking about it: 


Under oath, Faucci said: “The NIH and NIAID categorically have not funded gain-of-function research to be conducted in the Wuhan Institute of Virology.”

The problem is that his agency DID fund this research in Wuhan, but did so in a sneaky and indirect way… “In 2014, the National Institute of Allergy and Infectious Diseases, the NIH arm that Fauci heads, awarded a $3.4 million grant to the New York-based EcoHealth Alliance, which aims to protect people from viruses that jump from species to species. The alliance has projects across 30 countries, including Thailand, Vietnam and China.
The group hired the virology lab in Wuhan to conduct genetic analyses of bat coronaviruses collected in Yunnan province, about 800 miles southwest of Wuhan. “

This is, in effect, indirect funding of “gain of function research” on bat viruses in Wuhan China by the NIH. 


“Unity”: We need some fundamental changes first…

This is a pretty good discussion of many of the issues involved with launching a third party to support President Trump and his positions / policies in 2024:


If this has any chance of succeeding, we need to shift to a different type of voting which is more fair and representative of what Americans really want.

It’s called “Instant Runoff Voting“, and it helps solve the problem where neither of the two top political parties has fielded candidates and platforms that represent you. In this style of voting, you vote for all candidates on the ballot by ranking them in your personal order of preference – from the one that most satisfies your political position to the one that least represents you.

This style of voting could eliminate the cost of runoff elections completely, and will end up representing the choice of the people more accurately. It will also open the door for additional parties to form (which is probably what would prevent Congress from accepting it).

In truth, while politicians are supposed to represent their constituencies, most end up intimidated by them, and separated from them. This could help solve that by keeping politicians more accountable.

And yes – all hope is lost if we cannot secure the the integrity of future election. Much has to change if that is to be embraced in our fragile free society.

Be Afraid, Be Very Afraid?

The basis of terrorism is fear.

That Corona virus is proving to be quite a useful distraction to the world, isn’t it?

The terrorists and tyrants of the world have certainly taken notice. Imagine their power if they developed both a contagious virus like a Corona variant, and the vaccine – possessing initial control over both…

Using these tools for evil, the “right” people could be infected, and the loyal could be protected. The nations that didn’t fall in line would literally die – leaving their infrastructure intact.

Besides, this epidemic has proven that it doesn’t have to be that lethal to completely disrupt economies, political systems and lives.

The media propaganda would help them in this evil effort. Perhaps it already has…

How has the suffering world reacted to release of this virus? We’re told it was an accident – and during the period of initial spread it’s release was completely denied. Once it was proven where this came from, news of the region was suppressed.

The world has massively suffered for this “accident”. Some accidents are so irresponsible that they represent either negligence or intent. What is the cost of this irresponsibility?

Absolutely Nothing Spontaneous About It!

This writer is righteously angry about the lies we’re being fed.

It’s an entertaining and assertive read…


“Bluntly, as is continually evidenced by the hateful Left, it is impossible for Biden and his supporters to tone down the rhetoric dividing America—and, make no mistake, they have no intention of stopping.

Until they silence you.”

The lying media is now even corrupting the process of “news conferences”…

Joe Biden Comments on Claim President Trump Called Deceased U.S. Service Members “Losers” and “Suckers”

Here’s the complete unedited video of Biden spontaneously answering reporter questions yesterday. Supposedly, reporters don’t have to submit questions beforehand… but…

(so you don’t have to watch all of this travesty, start about 20 or 21 minutes into it and watch how he reads the answer to each reporter’s question – obviously all prepared ahead of time, and in order so he can’t get lost…)

There is obviously an ordered list of reporters that need to be called upon – it’s not spontaneous as seen in President Trump’s news conferences…

And there are obviously previously scripted responses that Biden has to look down and read after the question is asked… in order… it’s not spontaneous and neither is the response.

Then after studying the words, Joe speaks…

Previously scripted softball questions like the one from the Atlantic reporter are designed to let the echo chamber amplify their lackluster “reporting” based on anonymous sources that make unsubstantiated claims about President Trump – giving Biden the ability to further “expand” on the lies… And the spin spins on.

Racism in America: The Corona Virus?

The media seems to be having a difficult time making up their mind about whether the Corona Virus outbreak and widespread Covid-19 disease caused by the SARS-CoV-2 virus is “Racist”.

Story after story has been appearing in the media highlighting the fact that a large percentage of Covid-19 patients, and a large number of Covid-19 related deaths in the United States is being experienced in the black community.

These stories go on to imply (without explicitly stating it) that there is a racist component to the disease outbreak in the United States.





These stories universally are assigning the incidence of disease in the black community to racism that they declare is inherent in our system in the United States. Everyone except for the individuals themselves is to blame.

These stories are obviously intended to bolster the agenda of the Democrat socialists for government controlled medicine, and an expansion of single payer government supported programs.

Unfortunately, the truth is a bit more complex. First, look at this story. Specifically the on situation in South Africa:


South Africa has a majority of black citizens. It has a much worse history of racial discrimination, and continues to deal with high levels of racism. Assuming that the Corona virus doesn’t select individuals to infect based on race, there must be something other than racism that is controlling the virus progression to disease in South Africa, and that is not helping blacks in the United States.

South Africa has focused on aggressive testing and then tracing and isolating contacts. The disease curve has leveled off in South Africa, in spite of more extensive testing.


Only about 2% of the Sub Saharan population is under 65 years of age. The lifestyle of activity and the overall diet there doesn’t promote heart disease like it does in the US.

Could it be that the lifestyle (including longevity, overweight, diabetes, pulmonary and heart disease) has as much or more to do with vulnerability to Covid-19 disease and death in the USA as it does racism? Those causes, it would seem, require some level of personal responsibility….

But we know that one of the fundamental planks of Democrat socialist thought is to ignore personal responsibility and blame others (including the government) for your problems.

To be clear. A virus isn’t racist. Even the most indigent of citizens in the USA have access to medical care through extensive government programs including Medicare and Medicaid. Show up at a hospital and you will be cared for.

But the best medical care in the world cannot make up for a life that results in comorbidity caused by any number of lifestyle diseases. A virus does take advantage of those kind of opportunities when it finally infects someone and takes hold.  I’m not blaming the victim, but I’m also not ready to blame the system for their misfortune either.

The Great Wheel of The Political Machine in America

Lawyers often become politicians. Unlike the carefully designed world of law, politics is the art of the possible. Kind of like the difference between a draftsman working on building plans and blueprints and an artist turning out abstract art. Both are interesting to look at. Both jobs can be done with care, and create interesting and useful things.

But government is different. In government, many lawyers run for office, get elected and then have the opportunity to constantly change the game, and often to their advantage. They become the architects.

At a minimum, they are experts in the rules that they change.

All politicians are addicted to money. Most “earned” it AFTER gaining power in office, but that is now changing as our moneyed class is attracted to “serve”…

“Serve who” is probably a good question.

That’s because once elected, politicians who were lawyers get the chance to change the rules, and often do so clandestinely to their own personal favor, and those with money that are now obligated to them. They change the architecture of the legal landscape.

And… Using computers, you get government designs that are the equivalent of Frank Gehry’s architecture.

And so a democratic republic descends into corruption.

Thus endeth the lesson.

Words matter…

Dean Weingarten has written an excellent explanation of why progressive prejudice has no place in our American system:


Most specifically, bogus references to “Gun Violence” are, in fact, an attempt to reassign responsibility for violent crimes from the criminals that choose to commit violence to the tools that they use. In this case, one specific tool that they choose. The gun.

There is a big difference between opposing violent criminals, and assigning all responsibility for their actions to blameless citizens who you then dedicate yourself to disarm. This is the essence of the leftist term “gun violence” – a made up concept for intolerant emotionally driven haters.

Murder, sexual assault, armed robbery and any number of other crimes are bad for society, and it’s in the government’s interest to stop the criminals that commit these crimes, regardless of their weapon of choice.

Justified homicide actually helps society because it’s how the worst of violent criminal attacks is often stopped by a victim. It’s in society’s and government’s interest to not interfere with a citizen’s right to defend oneself. That self defense needs effective means, and that means protecting the right to bear arms. Everywhere progressives have interfered with this basic human right, order has broken down and criminals have grown in power.

“Gun control” is against our fundamental constitutional principles for good reason. It interferes with self-defense and stopping criminals.