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You are absolutely correct! The ATF has no power to rewrite the law.
Where you're wrong is when the ATF rewrote the law.
They rewrote the law when they said that something which was, rather obviously, a short barreled rifle was a pistol.
That they did it repeatedly does not matter.
They had no power to change the law.
What we have here isn't them rewriting the law, but restoring the regulations to conform to the law.
If you're not going to see that, you're going to be hurting in 120 days from when it enters the Federal Register.
This is exactly like the sheriff saying he's not going to enforce a given law.
Their refusal to enforce doesn't make the activity legal.
Their refusal doesn't mean a new sheriff will also refuse to enforce a given law.
So you should stop wasting your time with the fight that ATF didn't have the power to reverse themselves when it leads to the ATF never had the power make your unregistered short barreled rifle legal without a tax-stamp.
The fight you might win is convincing the courts that 10-40 million short barreled rifles are causing no trouble other than merely existing and that short barreled rifles shouldn't be regulated any differently from any other firearm. Throw in a sprinkling of "in common use" too!
The courts will be moving glacially on this, and you might be in jail for quite a while while they move.
It might be faster to get people elected to strip the NFA down a couple notches.
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