They just have to prosecute one person, and the chilling effects will be clear.
There is also the very real legal avenue of getting a judgment of declaratory relief:
http://www.thetruthaboutguns.com/20...pistol-arm-brace-decision-declaratory-relief/
A lot of companies are at the Vegas SHOT Show and they have money in selling braces and brace equipped pistols which were predicated on the ATF's previous decisions. If anything what the ATF did was classic political manipulation - they dumped a negative PR release on the media late Friday when nobody could reply at the office, and they did it when? Just before the SHOT Show. Who else would know of exactly how many new products they themselves had to review for business plans, machinery, equipment, supplies, materials, and cash money commitment?
Every brace seems to be a SBR stamp not sold, they are the regulatory agency that not only says what is legal but also sells the stamp to make it so.
Telling businesses on one hand it's ok and then at the last minute before a national sales event to offer the products to buyers, no, is being arbitrary and capricious. And there is likely a Federal judge who would have no problem with establishing to the ATF that once again they, the judge, can make the final decision.
It's happened before, and likely a hot topic of conversation in the convention halls right now.
So crying "the sky is falling the sky is falling only one guy has to be prosecuted!" seems to be doing the ATF's work for them free. The odds of being 'that guy' is very much less than being in a traffic accident tomorrow. And the ATF looking to punish just that one guy is only going to accelerate support for him.
Which is it supposed to be - citizens afraid of their government, or a government who is obedient to the citizens who formed it? Frankly, I don't much think of those who are afraid of their government. They have already given up - which is exactly how an oppressive government stays in power.