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ATF pistol brace draft proposal

Posted on 12/17/20 at 7:51 am
Posted by Kino74
Denham springs
Member since Nov 2013
5346 posts
Posted on 12/17/20 at 7:51 am
ATF pistol brace proposal

Basically they will view braces and pistols differently. Braces aren't going to be outright banned but it would appear changes are a coming.

quote:

Based on the criteria set forth in the draft document, it appears that the ATF would take something of a ‘totality of the circumstances’ approach in determining whether a specific brace-equipped pistol is a ‘short-barreled’ firearm regulated under the NFA. These criteria include: the firearm’s type, caliber, weight, and length, the design of the brace itself, whether the firearm can be properly aimed when using the attachment as a brace, and whether an optic that cannot properly be used one-handed is present (i.e., something that suggests intent). The agency also indicates that it will observe the marketing of firearms and accessories, as well as other more subjective factors.


If you do fall in the NFA realm, consideration is giving to waiving the registration fee.

quote:

Importantly, the draft document recognizes that most people with braced firearms have acted in good faith. It suggests that the agency seeks to establish a procedure by which people who already have firearms that may fall under the purview of the NFA, and who wish to take advantage of registering them as NFA firearms to obtain the legal protections of such, may potentially do so without payment of the associated tax.

Posted by jlovel7
Louisiana
Member since Aug 2014
21360 posts
Posted on 12/17/20 at 7:55 am to
Not sure how we can consider ourselves a land of freedom when things like this happen. Shame.
Posted by Kino74
Denham springs
Member since Nov 2013
5346 posts
Posted on 12/17/20 at 7:56 am to
quote:

Not sure how we can consider ourselves a land of freedom when things like this happen. Shame.


Worst part is we appear to be getting off lightly compared to previous ATF rulings.
Posted by jdavid1
Member since Jan 2014
2469 posts
Posted on 12/17/20 at 7:57 am to
So basically, instead of having a written law, the NFA will decide at their own discretion if a firearm falls under the pistol or rifle classification. Perfect.

quote:

consideration is giving to waiving the registration fee.


This is their way of trying to make people ok with what they are doing. frick them. DONT GIVE A frickING INCH!
Posted by OldSouth
Folsom, LA
Member since Oct 2011
10943 posts
Posted on 12/17/20 at 8:12 am to
quote:

whether the firearm can be properly aimed when using the attachment as a brace, and whether an optic that cannot properly be used one-handed is present (i.e., something that suggests intent).
Intent to do what? Make someone MORE dead than with a regular pistol? What am I missing?
Posted by Kino74
Denham springs
Member since Nov 2013
5346 posts
Posted on 12/17/20 at 8:27 am to
quote:

Intent to do what? Make someone MORE dead than with a regular pistol? What am I missing?





These clowns confiscated airsoft guns claiming they can be converted to fire real ammunition and in full auto. They get both stupid and overzealous at times. If they feel they can get away with it, they will.


Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
68267 posts
Posted on 12/17/20 at 9:22 am to

This is such silliness.

The weapon can kill someone just the same, brace or no brace.
Posted by Presidio
Member since Nov 2017
3060 posts
Posted on 12/17/20 at 9:30 am to
The braces I have can be added/removed in about 10 seconds and the range I use is deep into national forest land. If / when it becomes necessary to use these weapons in a real-world setting then I could give a frick what ATF thinks about it because ATF likely won't continue to exist in its current form afterward.
Posted by Presidio
Member since Nov 2017
3060 posts
Posted on 12/17/20 at 9:40 am to
Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3 (with respect to federal laws) and Article 1, Section 10 (with respect to state laws).
Posted by jlovel7
Louisiana
Member since Aug 2014
21360 posts
Posted on 12/17/20 at 9:43 am to
quote:

The braces I have can be added/removed in about 10 seconds and the range I use is deep into national forest land. If / when it becomes necessary to use these weapons in a real-world setting then I could give a frick what ATF thinks about it because ATF likely won't continue to exist in its current form afterward.



Couldn’t they bust you before then with constructive intent?
Posted by jdavid1
Member since Jan 2014
2469 posts
Posted on 12/17/20 at 9:52 am to
quote:

Couldn’t they bust you before then with constructive intent?


Yup. Probably not a good idea to admit intent on a public forum either.
Posted by Presidio
Member since Nov 2017
3060 posts
Posted on 12/17/20 at 9:57 am to
quote:

Yup. Probably not a good idea to admit intent on a public forum either.


Good luck tying anything I post here to an actual persons identity.
This post was edited on 12/17/20 at 9:59 am
Posted by Presidio
Member since Nov 2017
3060 posts
Posted on 12/17/20 at 9:59 am to
quote:

Couldn’t they bust you before then with constructive intent?


Not without a valid warrant and probably not even then.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134901 posts
Posted on 12/17/20 at 9:59 am to
quote:

So basically, instead of having a written law, the NFA will decide at their own discretion if a firearm falls under the pistol or rifle classification. Perfect.

You hit it on the head.

The left will circumvent the legislative process by allowing unelected bureaucrats unilaterally set forth actual law. They do the same thing when it comes to making laws. They do the same thing for everything else by using the supreme court.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81754 posts
Posted on 12/17/20 at 10:16 am to
I really don't see why you guys are upset with this. You should be upset with the SBR rule, period. I mean, you're building or buying a SBR whether you're honest enough to admit it or not.
Posted by SneakyWaff1es
Member since Nov 2012
3941 posts
Posted on 12/17/20 at 10:27 am to
quote:

You should be upset with the SBR rule, period.
Most of us are.
quote:

you're building or buying a SBR whether you're honest enough to admit it or not.
Most of us know this.

The point is, the ATF said braces were fine. Now they're changing their minds because who the frick knows. I don't even do that to my kids.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81754 posts
Posted on 12/17/20 at 10:29 am to
quote:

Now they're changing their minds because who the frick knows
Almost everyone knows. It's because no one is actually using the braces as a brace
Posted by SneakyWaff1es
Member since Nov 2012
3941 posts
Posted on 12/17/20 at 10:47 am to
quote:

It's because no one is actually using the braces as a brace
Obviously. They work really well shouldered. They also work really well for the three one armed dudes using them a designed.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81754 posts
Posted on 12/17/20 at 10:53 am to
quote:

They also work really well for the three one armed dudes using them a designed.

Posted by jdavid1
Member since Jan 2014
2469 posts
Posted on 12/17/20 at 11:05 am to
I understand what you're saying. We get the brace is a work around for the SBR is most aspects. We are upset because of the ambiguity of the ATF. One day this is perfectly fine. Next day your are a felon. IF they would have never said braces were good to go then nobody would be upset right now.

I think the SBR rule is stupid as well. What makes a 14" barrel rifle more deadly than a 16" rifle? We shouldn't have to pay a tax and go through the whole background process to be able to own a SBR. That being said I have done it myself several times because I wanted one and want to be legal.

I think the whole situation makes us realize that the ATF can act, without check, and make honest citizens felons overnight. Regardless of what you think about braces that fact alone should scare you.
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