Pistol Brace Amnesty/Registration
- Thread starter Sam75022
- Start date
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You're way too late.
So what about if you remove the brace and keep the smaller barrel(below 16")? Is that ok?
Nope, not unless something changes.
Yes. As long as it stays as a Pistol. If you want to use as a rifle then, No. That would still be a SBR. Minimum rifle barrel is 16"+. "Shouldering" of a pistol, with or without a brace, constitutes a SBR. The last sentence was what I took from what they were saying.
But, the brace is supposed to permanently removed, and the firearm is supposed to be modified in such a way as to no longer allow acceptance of removed, or new, brace to be attached.
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No. You are form 1’ing a firearm into an SBR under the rule. Want to hang a brace on it ? Ok. Want to change to a folding stock later? Ok. The firearm is still an SBR until you decide to make it a rifle and deregister it.
But I still say be patient and don’t do anything until early May as we see what happens in the courts.
I've asked the question in this thread and been told different.
I'm obviously confused.
Eh, I could disagree if we’re talking about an AR pattern with a buffer tube on it. Based in the rule’s wording, it’s pretty clear they have an avenue to declare any AR pattern pistol an SBR simply because original design intent of the AR platform was for a service rifle.
I agree with you, and definitely disagree with ATF. I'm just passing along what I took from 'em.
The buffer tube is an integral part of the function of the firearm, and the brace and, or, padding on it isn't. Nor is the stock, technically. But, it is an integral part of a rifle, and not a pistol.
The above, would be my first idea.
ATF went to great pain stating original design intent would be a factor. The original design intent of AR (and similar) platforms was a service rifle. Therefore you’ll have to convince them of that, not me.
ATF also has a decade+ worth of ‘common use’ video and marketing demonstrating the shouldering of AR pistols. They made it clear that stuff would be part of their decision, too.
Until a manufacture submits a plain Jane AR pistol for an ATF ruling, we won’t know for certain, the text of the rule shows the hand they want to play.
So,,,if my buffer tube has a foam cover I have to take it off?
Sent from my SM-S906U using Tapatalk
Was not specifically mentioned as needing to be removed. The lil' foam cover/cushion was mentioned as a point of contact, but above that, I don't know. I also hate to say, that I had probably gone glassy eyed at that point, and wasn't really paying attention
I apologize for the unanswer answer.
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Oh, the ambiguity of it all. Here's what I understand (and it's just my humble opinion)
You can remove the brace and store it out of close proximity with the pistol. (Undefined)
You don't have to alter the pistol
AR pistols without brace or stock are NOT SBRs.
You can register your pistol with a brace and later put a stock on it.
The buffer tube is required for operation of the pistol and is not considered a stock or brace
You can't add anything to the back of the buffer tube.
It doesn't matter what type of sights you have on the AR pistol if it does not have a brace or stock
Don't rush to register it as an SBR. Wait and see what the courts say.
You can remove the brace and store it out of close proximity with the pistol. (Undefined)
You don't have to alter the pistol
AR pistols without brace or stock are NOT SBRs.
You can register your pistol with a brace and later put a stock on it.
The buffer tube is required for operation of the pistol and is not considered a stock or brace
You can't add anything to the back of the buffer tube.
It doesn't matter what type of sights you have on the AR pistol if it does not have a brace or stock
Don't rush to register it as an SBR. Wait and see what the courts say.
They state the buffer tube is not an accessory because it is required for the operation of the firearm and that fact did not make an SBR by itself. They went on to mention some of the criteria they can use is what was the original design intent of the firearm, how it’s marketed and used, AND how closely LOP and weight are to similar rifles.
ATF included numerous tables making the point an AR pistol was designed as a rifle, remains close enough to a rifle, and is used like a rifle without the wholesale decision all AR (and similar) pistols are SBRs. That’s not even bringing up the 922(r) issues for imports.
ATF very clearly stated it is the responsibility of the manufacturers to voluntarily submit for determination anything that designed to accept an attachment that could render it an SBR.
From the final rule
While firearms equipped with ‘‘stabilizing braces’’ or other rearward attachments may be submitted to ATF for a new classification determination, a majority of the existing firearms equipped with a ‘‘stabilizing brace’’ are likely to be classified as ‘‘rifles’’ because they are configured for shoulder fire based on the factors described in this rule. Because many of these firearms generally have a barrel of less than 16 inches, they are likely to be classified as short-barreled rifles subject to regulation and registration under the NFA and GCA.
Consequently, many parties in possession of weapon and ‘‘brace’’ combinations that ATF did not specifically classify in the past as being subject to the NFA may have been violating the NFA by possessing an unregistered rifle with a barrel of less than 16 inches. p3
And
an extended AR-type pistol buffer tube, which is a longer buffer tube than the standard buffer tubes required for the operation of the firearm, or the inclusion of spacers that extend the length of pull, are also examples of the addition of material to the rear of a firearm that provides surface area for shouldering and extends the length of pull to effectuate shoulder fire.p64
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