U.S.A. — “Borchardt Lowe. #1062, cased w/ accessories,” the placard for the historical arm on display at April’s NRA Annual Meeting in Indianapolis read. “Borchardts were customarily sold as a cased ensemble that included a shoulder stock with attached holster, a cheekpiece, four matching magazines…”
“Designed by Hugo Borchardt and manufactured by Ludwig Lowe of Berlin between 1893 and 1899, the Borchardt was the first successful automatic pistol design,” a description from Rock Island Auction Company explains. “The distinctive Borchardt design features a toggle action, centrally located trigger, grip and eight-round magazine and detachable wooden stock that attaches to a lug on the rear of the pistol receiver.”
Not being a collector of older firearms, curios, or relics, or even passingly informed on them, this was new to me. And for those who might balk at the word “automatic,” friend and firearms designer Len Savage of Historic Arms, LLC helped clear that up in a report on AR-15 sales actually predating the M16 being issued to military units.
“In 1968 firearms industry terminology ‘automatic rifle’ means the same as ‘auto-loading rifle,’ i.e., a rifle that loads itself for the next shot,” Savage recalled. “Even in 1979-1980 when I took my hunters’ safety course the State of Michigan used the two terms interchangeably throughout the course.”
Back to the Borchardt, seeing a semiauto and a pistol with an attachable stock from the Nineteenth Century being accepted at the time without hysteria makes it fair to wonder what all the outrage is about today, and the answer, of course, is that it’s all being drummed up for effect. Still, I wondered, with the current ridiculous overreach by ATF to issue a rule banning stabilizing braces because they can act like an extension that when shouldered somehow magically transitions a handgun into a short-barrel rifle, what could we learn from history that might be useful in fighting back such unconstitutional power grabs?
In light of the Bruen decision, where “text, history, and tradition” of the Second Amendment at the time it was written is what informs us as to what the Founders understood the right to protect, I couldn’t turn to the Borchardt – that would play right into the hands of the gun prohibitionists, who, unable to identify Founding-Era infringements have tried turning to later laws, including post-Civil War edicts intended to keep freed blacks disarmed.
The question to be answered: Was there a counterpart at the time the Bill of Rights was ratified?
The first person I thought to ask was Jeff John of Art in Arms Press, my editor for years beginning at Guns and Ammo in 1999, then on to Handguns and, until a few years back, Guns. A researcher, writer, and photographer, Jeff does know historical firearms, and I’ve let AmmoLand readers know about his authoritative books in articles including “Book Explores How War for Independence Revolutionized Firearms Technology,” “‘Weapon of War’ a Subject of Historic Interest and Contemporary Relevance,” and “‘FG42’ Profiles Revolutionary, Near-Forgotten Classic in Words and Pictures.”
“On the European front, I found this,” John replied, linking to a Bonhams international auction house entry featuring:
“An Unusual Pair Of Liège Flintlock Blunderbuss-Pistols With Spring Bayonets And Detachable Shoulder-Stocks Signed Gosuin, Liège, Late 18th Century.”
Bingo. And there was more.
“On the British front, this one has a stock looking just like today’s brace,” he remarked, referencing another Bonhams offering:
“A Fine And Rare Cased 28-Bore Flintlock D.B. Travelling Pistol With Attachable Shoulder-Stock.”
Armed with this knowledge, I approached Stephen Stamboulieh, the attorney representing me and other plaintiffs in several cases and Freedom of Information Act efforts involving bump stocks, Hunter Biden’s 4473, State Department Fast and Furious communications, the Sutherland Springs killer’s court-martial records, and more.
I shared what I’d found out so far and asked “Do you know any attorneys arguing pistol braces based on the Bruen standard who are submitting information like this?”
“I’ll have to send you our brace complaint. We have tons of stuff in there,” he replied. I should have known he’d be on top of it.
“Here ya go. Yes, we go back to the Founding,” he followed up, attaching a complaint by parties including the State of Texas, Gun Owners of America, Gun Owners Foundation, and private citizen/FFL Brady Brown against ATF. “The pics start on page 70.”
“It is a massive case,” he advised. “We are currently waiting for the judge to rule on whether or not to grant a preliminary injunction.”
He wasn’t kidding. The complaint, embedded below is a treasure trove of examples from even before the Second Amendment was written, presenting photographic examples including:
- 1720 Flintlock Pistol with Stock
- 1750 Flintlock Pistols with Stocks
- 1760 Flintlock Grenade Launcher
- 1780 Flintlock Pistol w Stock
- 1760-1820 Flintlock Pistol Carbine with detachable stock
- 1790 Flintlock Blunderbuss Pistols – w detachable stocks (and bayonets)
- 1795 Flintlock Blunderbuss – 15” barrel
“Such weapons continued after the ratification era, through the incorporation of the Fourteenth Amendment,” the complaint continues, presenting further examples from 1820 through to the 1940s, with the notation:
“Such firearms were never restricted with respect to who could possess them and were never required to be registered until passage of the NFA. See Bruen at 2137 (“[P]ostratification adoption or acceptance of laws that are inconsistent with the original meaning of the constitutional text obviously cannot overcome or alter that text.”).”
The Founders knew about pistol braces and had no problem with them. And not to put too fine a point on things, but short barrels weren’t an issue with them either. Banning them today imposes infringements the government is expressly forbidden to make.
That’s not just unconstitutional. It’s deliberately in-your-face tyrannical.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
Saw this being put together on another firearm site. Great work. The government will do its best to weasel their way around the law, just as they did in passing the NFA. ALL gun control laws are repugnant to the Constitution.
Colt made shoulder stocks for the Walker, the Dragoons, and the 1860 Army. While these come well after the founding era, they come before the post Civil War 14th Amendment, the other Bruen guidepost.
IOW, ATF’s “final rule” is in violation of Bruen, and therefore unconstitutional. It’s just a matter of these cases grinding their way through the system. ATF’s “final rule” won’t last much longer than Hitler’s “1000 Year Reich.”
Just an unrelated aside; I have read as much, or more than your average bear regarding Hitler’s Germany, in school, in college, and on my own. However, I recently read The Great Escape, having never seen the movie; and also read the follow up documenting the aftermath and investigations, Human Game.
These accounts, more than anything else I have read, underscored how Godawful evil fascist Germany was under Uncle Adolph.
I agree completely. Coming form a Jewish family. I have a different view of The third Reich. With that said I now completely understand how the German people allowed Hitler to come to power. The German government after WWI caused such massive inflation they allowed a lunatic into power. The comparison to Trump is understandable. The difference is our FJB Government is undermining our Constitution and Bill of Rights every day. Trump is the only possibility of getting back to the vision of the Founding Fathers. That means much much smaller government and secure borders. Leave me alone so long… Read more »
“Trump is the only possibility of getting back to the vision of the Founding Fathers.”
“We start by ending the FATF and NFA and GCA of 68’.”
The fact that he enacted more arms control in his first two years than the previous two administrations combined, and he advocated for much more, seems to contradict your two statements.
It should also be noted that Ol’ Adolph used the NFA as a blueprint for the Nazi Gun Laws.
We will see the fall of the ATF, (And many other illicit departments) and it’s tyranny in our lifetime.
It seems they do very little in terms of alcohol and tobacco, neither of which are illegal in the US. I still cannot fathom a good reason for the ATF’s existence.
I like the idea of renaming convenience stores as ATF stores.
Tax $$$$$
Illegal taxation.
Exactly, when was the last time they crowed about taking down moonshiners or organized criminals selling untaxed cancer sticks? Around Independence Day they don’t flood the media with press releases telling us all they’re doing to combat illegal fireworks. Anecdotal evidence suggests there are more illegal fireworks than ever, especially in large metropolitan areas. But of course the AFT will shout it from the rooftops when they successfully prosecute somebody busted as a result of a state or local department doing all the groundwork.
At the FedGov level fireworks are not “illegal” or banned, they are just restrited as to who can have possession of certain “classes” of them. I’ve handled the big six inch shells, totally legally. (they make a mighty fine WHUMP when that lift charge ignites). They mainly regulate who can handle them and transport them (along with the DOT/HazMat classes of goods) I support the practice of requiring exerience and training before handling them, as the bigger ones especially are quite dangerous. Even a three inch shell, when ignited, can kill instantly. The six inch has nine times that power.… Read more »
I hope YOU are right Ope, on all counts.
I remember it was Trump who set the precedence with the unlawful bump stock ban. I said it then.. this would be used by the next liberal administration on braces… and here we are..
Yes. I think he regrets taking advice from Rinos and Libtards on that decision.
From your mouth to God’s ears…
Thanks for the very informative article Mr. Codrea. I save every single article you and select others here at Ammoland produce, never know when I might need to access your info.
The Founders were also aware of repeating firearms. Another fallacy is that “The Second Amendment only applies to muskets” when in fact repeating firearms predate 2A, but were expensive to make, some of which fired multiple times without reloading.
The fact that SCOTUS has already ruled on that topic doesn’t stop the “wishful thinking” folks from bringing it up over and over.
Yet those same folks would object if you suggested that the First Amendment only protected the forms of “press” and “speech” that existed in 1791.
Absolutely they were aware of repeaters. The “gun that won the west” was not really the Winchester lever action. It was the almost unknown, repeating, 20 round magazine fed, Giradoni, circa 1779, that was instrumental to the success of the Lewis and Clark expedition in 1803. It’s rarely mentioned anywhere, but the first day out from Saint Louis, they took it foraging, since they didn’t trust an air rifle’s power. One of the party took a deer with it, and from then on they only brought it off the keelboat when meeting a new tribe of natives. They would dress… Read more »
The text is clear as a whistle. We don’t need historical context… That said, they had pistol braces for black powder 6 shot repeating revolvers as well as the noted single shot flintlock pistols…
Wow! I had no idea this case was so in depth and detailed! Thank God for people who are willing to fight tyranny in the court room!
Of course it is. The lawyers fighting for our side are dedicated, thoroughly know the law and have understanding of and reverence for the constitution
I’m of the opinion that most lawyers that go to work for the government are the C- law students that barely passed the BAR after multiple attempts. This is especially so for the liberal ones who get appointed by Dim O Crats.
The current composition of SCOTUS is a perfect example.
This is Awesome David! No More NFA? Hope So
I love it when history is smacked into the face of these socialist scum.
That’s why they want to erase history.
God bless the people that have uploaded these images to the INTERNET.
Although later than the framer’s period, the early colt cap and ball revolvers were offered with attachable shoulder stocks
Edit: Apologies to DDS. I saw your post after I posted this. There doesn’t seem to be a way to delete.
Ammoland needs to add that feature to delete a post or give you a 120second period of time to delete providing no replies exist.
Time to Defund the ATF
David, there are also surviving examples of Blunderbusses from the 17th and 18th century with barrels 11 inches long. Thus the SBS restriction is also Unconstititional.under Bruen.
Right– see the link in the sentence “And not to put too fine a point on things, but short barrels weren’t an issue with them either,” a paragraph above the embedded file.
It’s not only short barreled rifles or braced ‘pistols’ either. The founders had both consortium and privately owned cannons, and even warships to mount those cannon on. In those days a U.S. citizen could own any type of weapon they could afford.
https://www.aier.org/article/private-cannon-ownership-in-early-america/