The ATF director also said people don't get prosecuted for being unaware of laws.per the FAQ
The ATF director also said people don't get prosecuted for being unaware of laws.per the FAQ
And you trust the ATF FAQ's??
Yeah, the career bureaucrat doesn't know what's going on. That's a surprise to you?The ATF director also said people don't get prosecuted for being unaware of laws.
Is that different from the career ATF bureaucrat publishing the FAQs?
FAQ's are not legally biding.A hell of a lot more than some tinfoil hat wearing neckbeard. The FAQs are derived from the rule as published in the Federal Register.
It's worse than that. He is a former prosecutor, which makes what he said even nuttier.Yeah, the career bureaucrat doesn't know what's going on. That's a surprise to you?
FAQ's are not legally biding.
I am not certain that the first bullet (pun intended) is accurate.I know this has been beaten to death here, but I thought that I would come up with a concise short list of options on how to deal with this brace rule for those that have not done any research other than on ewtube or not at all. The rule has morphed considerably since its inception. A lot of the information out there is old, has changed or is just plain wrong. These are the options as I understand them if you choose to comply:
If you choose not to comply, you will need to research the risks. It's all pretty simple and I hope this helps.
- Just remove the brace. What you do with it and how you store it afterwards is up for debate, but removal of the brace is compliance. Then hope that this rule is overturned.
- Replace the barrel or entire upper with a barrel length of 16 inches or more. Then hope that this rule is overturned.
- Register it as a Short-Barreled Rifle. After approval you can replace the brace with a real stock if you like. Doesn’t change things for you if it is overturned you have a legal SBR.
I know this has been beaten to death here, but I thought that I would come up with a concise short list of options on how to deal with this brace rule for those that have not done any research other than on ewtube or not at all. The rule has morphed considerably since its inception. A lot of the information out there is old, has changed or is just plain wrong. These are the options as I understand them if you choose to comply:
If you choose not to comply, you will need to research the risks. It's all pretty simple and I hope this helps.
- Just remove the brace. What you do with it and how you store it afterwards is up for debate, but removal of the brace is compliance. Then hope that this rule is overturned.
- Replace the barrel or entire upper with a barrel length of 16 inches or more. Then hope that this rule is overturned.
- Register it as a Short-Barreled Rifle. After approval you can replace the brace with a real stock if you like. Doesn’t change things for you if it is overturned you have a legal SBR.
It says to permanently remove OR alter the stabilizing brace so that it can not be attached. Not AND. Clear as mud and doesn't make sense. That combined with Deddelbach's testimony to congress that you just need to remove it and the fact that braces are not illegal and can be used on other non-SBR's makes it debatable in my mind. I have various AR's and spare parts that can be swapped around including stocks. There is nothing illegal about having extra stocks that have not been altered.There's NO debate about what you need to do with the removed brace. The FAQ makes it very clear.
Permanently remove or alter the “stabilizing brace” so that it cannot be reattached
That should be written in stone.every law or rule or regulation must be read as "If the biggest asshole in the world wanted to use this text against me, how could they twist it to hurt me?"
At least that's how it appears to me.
I agree, if they wanted too, they could probably charge someone with constructive possession.....but, unless they come to your house with a warrant, that's not going to happen. I sincerely believe, and maybe I'm being naive, that they are not going to be conducting warrant searches door to door on just any and everyone who has purchased a brace, or a pistol. Now, getting caught out in public with a braced pistol would be a different story.By that standard, it seems to me that merely separating the brace from the pistol but keeping both of them in the same house will catch somebody a "constructive possession" case.
I can also see them acquiring customer lists and making visit looking for information or education. Past performance predicting future actions.I agree, if they wanted too, they could probably charge someone with constructive possession.....but, unless they come to your house with a warrant, that's not going to happen. I sincerely believe, and maybe I'm being naive, that they are not going to be conducting warrant searches door to door on just any and everyone who has purchased a brace, or a pistol. Now, getting caught out in public with a braced pistol would be a different story.
I went over the three ways ATF will get involved.Maybe. In my mind, I just don't see them putting that much effort into it....