Posted on 12/18/2020 7:32:32 AM PST by Blood of Tyrants
The Bureau of Alcohol, Tobacco, and Firearms (ATF) has leaked a notice set to be published in the federal register today that purports to provide guidance to gun owners on whether the addition of a stabilizing brace transforms a pistol into an NFA-regulated short-barreled rifle (SBR).
The proposed new rule comes after the ATF reversed their position on stabilizing braces in October, telling gun company Q, Inc., that their “Honey Badger” pistol would be considered an SBR while fitted with a brace. After an uproar from gun owners and manufacturers, the agency promised to clarify their ruling.
According to today’s notice, the ATF will consider factors like caliber, length, weight, and sights when classifying firearms equipped with a stabilizing brace. The guidance also clarifies that the ATF makes determinations on individual firearms “holistically on a case-by-case basis.” In other words, the ATF claims it does not and has not ruled that any make or model of pistol brace exempts all firearms from NFA classification.
The pro-gun group Gun Owners of America pointed out in a press release that, contrary to the new guidance, the ATF has issued approval letters for pistol braces in the past.
“Although ATF issued classification letters which approved various pistol braces, this Notice apparently would rescind all those prior letters,” the group said. “Going forward, ATF claims that a ‘classification pertains only to the particular sample submitted’ — meaning a particular firearm, with a particular brace, outfitted in a particular way with particular accessories. If any of those change, the classification would no longer apply.”
(Excerpt) Read more at gunsamerica.com ...
Second Amendment worthy.
So, only the sample itself, and not the production run of similar firearms? Each individual piece would need to be submitted as a "sample" before it could be sold?
The concept and legal restrictions of a SBR (short barrel rifle) needs to be stricken. It’s nonsensical.
More cop entrapment oriented unconstitutional legislation by the ATF.
We are in total anarchy and the disconnect with the government is growing wider and wider.
This is what hapoens when people think the government produces products, when government is a container not a content provider.
It is as if liberals are lonely and are really dying for a pimp “product” in their daily lives like a pathetic little bishes
The NFA needs to be done away with. None of it makes sense.
Agreed. The length of the barrel and overall length is arbitrary.
arbitrary, vague under the 5th amendment and totally unconstitutional also under the 2A, of course
when Oh when will that office be SHUT DOWN (and its personnel transferred to doing something constitutional and actually beneficial for America? — build the wall or maybe just go around the country offering free firearms training classes in high schools?)
So, basically, the law is if you piss them off they can hit you with a felony.
The ATF is accepting comments for 14 days after the date of publication in the federal register, which has not happened as of 12/18/2020 10:21 AM EST. The ATF provides a full set of instructions for submitting comments online, by mail, and by fax, but the easiest way will be to search for the docket number – ATF 2020R-10 – on Regulations.gov and submit a comment from there.
Regs, as with laws need to be objective, not subjective. Everyone should write objections during the comment period. Of particular note is that, on the AR platform most likely impacted, it is the lower receiver that is considered the firearm. Yet the stipulations in the letter refer to items on an interchangeable upper like caliber, sights, scopes, barrel length. If you have multiple uppers of different caliber and length, then what?
One can get even further into the weeds if one has NFA SBR's in their collection. For example, you own a legal SBR but that SBR can not legally be carried out of state without considerable pre-coordination with federal agencies. So prior to this letter, if one also had a pistol lower with brace, you could simply put your SBR upper on the pistol lower and now its a pistol when crossing state lines. Of course follow all the appropriate state laws when doing so. But this letter turns all that on its head as well.
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If CW2 breaks out the number of pistols that get converted to carbine rifles will astound the feds.
You don’t even need to piss them off. Just having one of these firearms is enough to trigger them.
ATFs version of porn...can’t tell you what it is. But they’ll know it when they see it.
Comforting to know our FedGov has our backs /S
In other words; depending on the day of the week, the lunar phase, color of your shirt, etc.. you may or may not be guilty. That determination will be made by your Masters when you presented to them.
Truly a slave state is in place if this is allowed to stand.
Should we bldub this the Schrondinger Theory of Pistol Braces. It can be both a pistol and a SBR at the same time.
It is ridiculous on its face to say that ignorance of the law is no excuse when those who administer the laws can’t even articulate what they are, and have to personally consider each individual case to determine whether any given one violates the law or not. Such a law should be permanently stricken.
That concept extends well beyond firearms, now - throughout the US Code. It's the way the law works under all forms of tyranny. Violations remain unenforced - until a citizen irritates the wrong politician.
Never now that elections are rigged.
Yep, the Supreme Court has ruled multiple times that a law that is so vague that it cannot be easily defined it unconstitutional. However, the ATF doesn’t have to abide by those rules. They will get slapped down by some federal court for their arbitrary rules and then tomorrow apply the same rules to violate the rights of a different citizen.
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