6.8 SPC Forums banner
1 - 20 of 95 Posts

·
Registered
Joined
·
9,008 Posts
Easy fix? Loose the brace?
 
  • Like
Reactions: WASSMAN

·
Registered
Joined
·
5,512 Posts
Is this just a free SBR tax stamp? If so, this could save me a few hundred.
Based on what I can conclude which is speculation at this point. Since they want a picture of the "pistol" with the form 1 that would...

1) Prevent people from submitting for a tax free rifle stocked SBR. If the picture has a real stock the form 1 would be denied and they would require a resubmit with the $200 tax.
2) The Form 1 is a document the configuration and changes to the documented firearm may lead to a violation, this is true for all Form 1 firearms but even more when it is registered with a picture.

More will be known once the "final rule" is released (December?).

Reguardless I would recommend consulting with a firearms attorney before submitting any NFA registrations and what to do with your pistol brace. The last thing you want to do is submit something that incriminates you. Once they have evidence of a crime they can and will hold it against you. Consulting with a firearms attorney is a added expence but keep you out of federal prison.

I don't have a any AR pistols but in 2015 I did and sold that brace. My firearms attorney advised me to obtain the purchase invoice and sale of the brace which took me some time to find them. Once I had the files he advised me to send him copies and in the event law enforcement came asking about the brace to direct them to him (my attorney). He said he would facilitate the transfer of the files directly with law enforcement.

Given what is happening with the FRT triggers I feel comfortable with my legal preparations but sux this brace cost a lot more than what I paid and sold it for.
 

·
Super Moderator
Joined
·
1,883 Posts
I wonder if a 5320.20 will be needed to travel between states? I've heard people use that argument, regarding pistol braces, when I say "just sbr it."
 

·
Administrator
Joined
·
22,870 Posts
As little recoil as there is for most AR pistols (heavies excluded), it's almost too much of a hassle to mess with a pistol brace, but drill a hole in a firm sponge ball and slip that over the end of the pistol tube... or, find a very pliable rubber crutch foot.

Of course, a laser sight can be used at arm's length to negate the accusation of shouldering a pistol braced rig. Or, a red dot for a pistol. A regular rifle optic feeds the "intent" accusation.
 

·
Registered
Joined
·
1,083 Posts
I wonder if a 5320.20 will be needed to travel between states? I've heard people use that argument, regarding pistol braces, when I say "just sbr it."
If it's an SBR, then yes. And, yes, this is one reason to keep an AR in pistol configuration instead of SBR. Also, in the state of WA, you can't have a loaded rifle in a vehicle, but you can have a loaded pistol if you have a Concealed Pistol License.
 

·
Registered
Joined
·
888 Posts
As little recoil as there is for most AR pistols (heavies excluded), it's almost too much of a hassle to mess with a pistol brace, but drill a hole in a firm sponge ball and slip that over the end of the pistol tube... or, find a very pliable rubber crutch foot.

Of course, a laser sight can be used at arm's length to negate the accusation of shouldering a pistol braced rig. Or, a red dot for a pistol. A regular rifle optic feeds the "intent" accusation.
I have my pistol setup with a Strike Industries short pistol receiver extension which keeps a 12.5" barrel <26" which is the requirement for a pistol under Missouri Department of Conservation for Alternative Weapons season for deer hunting.
With this setup and can still get a cheek weld with nothing touching my shoulder. Should it matter then what optic I'm running since there's no brace/stock?
 

·
Administrator
Joined
·
22,870 Posts
I have my pistol setup with a Strike Industries short pistol receiver extension which keeps a 12.5" barrel <26" which is the requirement for a pistol under Missouri Department of Conservation for Alternative Weapons season for deer hunting.
With this setup and can still get a cheek weld with nothing touching my shoulder. Should it matter then what optic I'm running since there's no brace/stock?
I'm no lawyer, but, what I was mentioning is "intent" when said pistol HAS a brace. I'm not aware of any issues being taken up shouldering a pistol without a brace. "?"
 

·
Super Moderator
Joined
·
12,713 Posts
It would be good to see some official sources instead of just this channel promotion video.
I agree. These people on these youtube channels will say anything to get subscribers. Most of them don't have a clue what they are talking about.
 

·
Registered
Joined
·
1,801 Posts
Reguardless I would recommend consulting with a firearms attorney before submitting any NFA registrations and what to do with your pistol brace. The last thing you want to do is submit something that incriminates you. Once they have evidence of a crime they can and will hold it against you. Consulting with a firearms attorney is a added expence but keep you out of federal prison.
I don't now about the attorney part, but couldn't agree more with the rest. - My philosophy is simple - don't say a damn word.
 

·
Registered
Joined
·
5,512 Posts
I don't now about the attorney part, but couldn't agree more with the rest. - My philosophy is simple - don't say a damn word.
I look at the attorney part as insurance. Not required but very nice to have when you need it.

Your right and some forget their Miranda Rights "you have the right to remain silent and anything you say can and will be held against you" this is a something law enforcement tells you when they slap on the jail house jewelry. What some forget these rights are always in place and say does not always mean spoken word.
 

·
Registered
Joined
·
536 Posts
A majority of gun owners know nothing about and don’t participate in firearms forums. With 10’s of millions of these braced pistols out there, literally millions of owners will know nothing about thaws rules. All they know is that it was legal when they bought them.
 

·
Registered
Joined
·
1,083 Posts
A majority of gun owners know nothing about and don’t participate in firearms forums. With 10’s of millions of these braced pistols out there, literally millions of owners will know nothing about thaws rules. All they know is that it was legal when they bought them.
Yep. I suspect one of those head-in-the-sand gun owners is going to have a really bad day down the road. The reality is their life will be close to ruined and no one will care.

That said, I also think the ATF will be very cautious about actually applying this rule. I'm pretty sure they'll try to keep this out of court for as long as they can as it will be on very shaky ground given the way the law is written, they're prior rulings on braces, the number of these things in circulation, and one of the other SCOTUS ruling that reaffirms that regulatory agencies don't actually create law. It's a house of cards and the ATF knows it, but it will strike a lot of fear and compliance because, well, most of us are wired to follow the rules and no one really wants to be the test case or they guy that lost his job because he broke a gun law, even if eventually cleared / exonerated.
 

·
Super Moderator
Joined
·
12,713 Posts
The so called final rule has not yet been implemented. It was put off till December at which time it is my belief that it will have been watered down a great deal. It is my belief that unless they catch you shooting it from your shoulder they have no way of knowing what your intentions are and there is nothing illegal about the pistol brace if used as designed, which is strapped to or around the wrist/forearm.
Murder is illegal. They cannot prosecute you for intent to murder without some pretty damning evidence. Pretty much have to be caught in the act or the attempt to be charged with murder/attempted murder. Even with conspiracy to commit murder they have to be able to prove the intent to kill someone was there.
 
1 - 20 of 95 Posts
Top