AR Pistols, ATF changing the rules

[SQLGeek]

The business was stating that since the OAL was over 26" with the brace, these were considered firearms and therefore not pistols at all. They were wrong.
The ATF is clarifying that the braces are not counted by them when considering OAL, which I always thought was the case to begin with.

To be fair, Franklin Armory didn't just make it up, they had a letter from the ATF. The ATF decided to change their mind again.

 

[Bithabus]

Nothing new here

 

[Younggun]

To be fair, Franklin Armory didn't just make it up, they had a letter from the ATF. The ATF decided to change their mind again.

I’m not reading it as any different than it’s always been.


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[SQLGeek]

I'm basing my assertion on what Adam Kraut says on his legal site. *shrug*

https://blog.princelaw.com/2019/07/...ength-when-equipped-with-a-stabilizing-brace/

But this does appear to be an ongoing saga:

https://www.thefirearmblog.com/blog/2018/05/24/oal-brace-folded/

For my money, if I'm going to make a braced pistol, I'm not messing with a fore grip.

 

[Renegade]

I'm basing my assertion on what Adam Kraut says on his legal site. *shrug*

Yes he had a poor choice of words:

In contrast to stocks on rifles or shotguns…’stabilizing braces’ are merely accessories and not relevant to the classification of a ‘pistol’ under the statutory definition. That is, a folding stock on a rifle or shotgun is included in overall length measurements ...


"... a folding stock on a rifle or shotgun is included in overall length measurements ..." is correct, but he failed to mention it is measured in the open position.

 

[DoubleDuty]

Thanks for educating me.

 

[45tex]

Just call me confused. Building a rifle and will just keep it that way

 

[Bozz10mm]

Just call me confused. Building a rifle and will just keep it that way

In my best William Shatner voice "That's exactly what they'll be expecting us to do."

So today I measured my AR pistol without the brace. It is under 26". Now what do I do?

 

[SQLGeek]

Now what do I do?

If it has a vertical fore grip on it, take it off. If not, don't put one on.

 

[Charlie]

Just call me confused. Building a rifle and will just keep it that way

That's exactly what I "think"!

 

[Southpaw]

If it has a vertical fore grip on it, take it off. If not, don't put one on.

This^^^^^^^^^^^^^^

 

[pronstar]

This thread proves that people need to stop asking the ATF for clarification...it’s a different answer each time and only serves to further muddy the waters.


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[TX OMFS]

In my best William Shatner voice "That's exactly what they'll be expecting us to do."

So today I measured my AR pistol without the brace. It is under 26". Now what do I do?

Send it to me.

 

[TX OMFS]

This thread proves that people need to stop asking the ATF for clarification...it’s a different answer each time and only serves to further muddy the waters.


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Exactly what Mr. GunsNGear said.

 

[candcallen]

Quit pestering the ATF. Just saying.

 

[Younggun]

If it has a vertical fore grip on it, take it off. If not, don't put one on.

Do the same thing as before? Say it ain’t so!


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[SQLGeek]

Nevermind.

 

[A & P]

From someone who only acts like he knows everything:

Once a rifle always a rifle is the rule. You make a pistol or receiver into a rifle, it's always a rifle from then on. If you change it back to a pistol, well...if a tree falls in the forest...?

A pistol (handgun) is designed to be fired with one hand. So a brace is irrelevant to the design of the gun in terms of OAL.

A rifle/shotgun, by definition, is designed to be shouldered so the stock is integral to the definition of the item and therefore counts in OAL.

A folding brace, or no brace for that matter, measures the same. If it's under 26" who cares (but no vertical fore grip). A vertical fore grip means it's meant to be shot 2-handed, and under 26" OAL (or 16" barrel) means SBR. HOWEVER, because it's also not designed to be shouldered, but it's also not designed for one hand, it's now an AOW and not an SBR in my book. And if it's over 16" or 26 OAL, it's not a SBR anyway but still AOW. But if you call your "pistol brace" a stock, the ATF is big on "intent" (this week, anyway) so if you "intend" to shoulder it, ...SBR.

Remember, the receiver extension/buffer tube is integral to the handgun so that counts. Many braces attach to the receiver extension. It's just the folder types (MPX, AK pistol, etc) that might get shortened.

Good news: AOW is a $5 tax stamp. SBR is $200. ...for transfers, anyway. Get your FFL07/02 to put that vertical grip on for you maybe.

I don't think this recent news is actually going to affect many people. I'm just trying to figure out how to make a holster for my 300bo AR Pistol w the can on it.

 

[Renegade]

Once a rifle always a rifle is the rule.

This is a myth.

A Rifle can become an AOW, Shotgun, or MG.

Done it many times with BATFE Approval.

 

[candcallen]

Hair splitter.

Everyone knows they are talking outside of the nfa process.