ATF Announces Pistol Brace “Amnesty” Period
BY Herschel Smith
2 years, 2 months ago
I discussed this with friends today. The source is here.
Mike does a good job of breaking it down. I was just trying to recall the compliance rate with AR-15 registration when Connecticut tried this stunt. As best as I recall it was < 10%. This is different, i.e., declaring a SBR, but even worse because for those who comply, they can’t even carry the firearm across state lines without ATF approval.
I never got into the pistol brace scene, but there are a lot of them in circulation, many more than I suspect will be registered with the ATF as SBRs.
On September 2, 2022 at 10:20 pm, Fred said:
This is very confusing, not the video, the rule. With bump stocks they said that you could simply remove them and destroy them. But with braces if you remove it your still a felon. It doesn’t make sense.
On September 2, 2022 at 10:27 pm, Herschel Smith said:
If you filled out Form 4473 as a pistol, it is ALWAYS a pistol. If you filled it out as a rifle (> 16″) it is ALWAYS a rifle. You can’t go back and forth between the two. If you simply remove the pistol brace and install a regular stock, it’s now a rifle. If you remove it and destroy it, I’m not sure. Consult an attorney so that the ATF doesn’t come and shoot your dogs.
On September 3, 2022 at 12:18 am, Miles said:
“If you filled out Form 4473 as a pistol, it is ALWAYS a pistol”
Herschel;
That’s not entirely correct. If you’ll recall the Supreme Court case United States v. Thompson-Center Arms Company – https://www.law.cornell.edu/supct/html/91-0164.ZO.html – way back in 1992 when ATF decided to call TC’s Contender kit with 10″ pistol barrel, 16″ rifle barrel, pistol grip and buttstock a Short Barreled Rifle because it was possible to make a SBR. It was sold as a pistol as I had a FFL at the time and I sold a couple and they were listed and sold as pistols.
SCOTUS, using the rule of lenity, ruled that since there were legal ways to use the kit, ATF didn’t have the power to decide otherwise.
This finally forced ATF to state that one can take a pistol, install a barrel that’s at least 16 inches long and then put a buttstock on it and it’s a legal rifle. Then reassemble it back into a legal pistol at leisure, or not at all. – https://www.atf.gov/firearms/qa/can-i-lawfully-make-pistol-rifle-without-registering-firearm
Now ‘rifles are always rifles’ if they were originally made as rifles is correct.
I have tried to keep up on this madhouse imbecilic subject since it first came on the radar back when ATF said mounting a braced pistol to fire it from the shoulder as if the brace was a stock, made it turn into a SBR, apparently by magic.
On September 3, 2022 at 8:37 am, Bradley A Graham said:
Care to wager that folding/collapsible stocks will be next……
On September 3, 2022 at 9:08 am, Chris Mallory said:
Until the ATF changes the ruling, if you add a 16″ barrel, you can change a pistol into a rifle and back. As long as you add and remove the longer barrel and the stock in the magic order. Which is why some suggest that if you buy a stripped AR receiver, have it sold as a handgun, not a rifle. That way you have the option to change configurations as you choose.
“Assuming that the firearm was originally a pistol, the resulting firearm, with an attached shoulder stock, is not an NFA firearm if it has a barrel of 16 inches or more in length.
Pursuant to ATF Ruling 2011-4, such rifle may later be unassembled and again configured as a pistol. Such configuration would not be considered a “weapon made from a rifle” as defined by 26 U.S.C. § 5845(a)(4).”
[26 U.S.C. § 5845, 27 CFR § 479.11]
https://www.atf.gov/firearms/qa/can-i-lawfully-make-pistol-rifle-without-registering-firearm
On September 3, 2022 at 9:16 am, Chris Mallory said:
So theoretically, with these firearms owners could replace the barrel with one that is 16″ or have a non removable flash hider/barrel extension affixed to the barrel making it 16″. The latter would require pinning and/or welding.
On September 4, 2022 at 1:50 pm, Herschel Smith said:
Thanks Miles and Chris.
Very informative.