SBR Question

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  • Bangswitch

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    Pistol brace is a very loose thing. It amazes me what they allow us to call a brace. So language and manufactured intended purpose are key to what is legal. Don’t make your legal pistol an illegal sbr by call it the wrong thing. Wink wink. :D
     
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    Magdump

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    At what point is a SBR license required for an AR pistol?
    Please please do not send the ATF a letter asking this question...




    I’m still looking for a video on YouTube showing someone firing a AR pistol with a brace strapped around their forearm. I think maybe there were like...2, but that was when the braces first appeared on the market. Every video I’ve seen since is strictly shouldering the gun, which of course does not magically turn a pistol into a rifle but it also does not help our case with the ATF.

    The lower receiver of a AR pistol should be stamped or engraved to designate ‘pistol’.
    Whatever straps/parts/pieces came with the brace should remain on the brace. No vertical grip on the handguard or any other part of the upper.
     
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    MOTOR51

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    Please please do not send the ATF a letter asking this question...




    I’m still looking for a video on YouTube showing someone firing a AR pistol with a brace strapped around their forearm. I think maybe there were like...2, but that was when the braces first appeared on the market. Every video I’ve seen since is strictly shouldering the gun, which of course does not magically turn a pistol into a rifle but it also does not help our case with the ATF.

    The lower receiver of a AR pistol should be stamped or engraved to designate ‘pistol’.
    Whatever straps/parts/pieces came with the brace should remain on the brace. No vertical grip on the handguard or any other part of the upper.

    I don’t think this is true. Unless things have changed the lower did not have to be stamped “pistol”


    Sent from my iPhone using Tapatalk Pro
     

    Bangswitch

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    Please please do not send the ATF a letter asking this question...




    I’m still looking for a video on YouTube showing someone firing a AR pistol with a brace strapped around their forearm. I think maybe there were like...2, but that was when the braces first appeared on the market. Every video I’ve seen since is strictly shouldering the gun, which of course does not magically turn a pistol into a rifle but it also does not help our case with the ATF.

    The lower receiver of a AR pistol should be stamped or engraved to designate ‘pistol’.
    Whatever straps/parts/pieces came with the brace should remain on the brace. No vertical grip on the handguard or any other part of the upper.

    I don’t think this is true. Unless things have changed the lower did not have to be stamped *pistol*


    Sent from my iPhone using Tapatalk Pro

    If I remember correctly from my build you have to have it transferred as ‘Other’ and never attach a butt stock to the buffer tube while configured as a pistol. A pistol can become a rifle and return to a pistol so long as it’s never configured as an SBR at any point. Stand by for T/C suit that paved the way.


    https://en.m.wikipedia.org/wiki/United_States_v._Thompson-Center_Arms_Co.
     
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    Bangswitch

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    The decision.

    The court ruled in Thompson Center Arms' favor in that the carbine conversion kit did not constitute a short-barreled rifle, primarily because the kit contained both the stock and the 16-inch barrel.Justice Scalia also noted that there is a warning carved on the stock telling the user to not attach the stock to the receiver when the 10-inch barrel is attached to the receiver or vice versa.
    This circumstance caused the court to apply the rule of lenity since the NFA carries criminal penalties with it. This meant that ambiguous statutes are interpreted against the government.
     

    DAVE_M

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    If I remember correctly from my build you have to have it transferred as ‘Other’ and never attach a butt stock to the buffer tube while configured as a pistol. A pistol can become a rifle and return to a pistol so long as it’s never configured as an SBR at any point. Stand by for T/C suit that paved the way.


    https://en.m.wikipedia.org/wiki/United_States_v._Thompson-Center_Arms_Co.

    All stripped lowers transfer as other, even if it’s marked pistol or rifle.

    It wouldn’t transfer as a pistol or rifle lower unless it were a complete lower built as such.

    Most stripped lowers won’t have rifle or pistol markings anyway. Aero sells a pistol marked lower, but it’s a complete pistol lower.

    If it transfers as other and is marked rifle, you can still build a pistol. It having to be marked pistol or rifle is more gun show nonsense.
     

    kcinnick

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    I am in the camp of save your tax stamp money and use one of the braces that looks just like a stock with a strap on it. Spend tax stamp money on other acquisitions without an easy legal comparative option. I hated the braces when they first came out, but they looked like a weird misshapen-ed sex toys when the first designs hit the market.
     

    Magdump

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    DAVE_M

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    Correction, Aero does sell the Pistol marked lower stripped. Still transfers as other, because it has not yet been built as a pistol or rifle.

    apar149000c-ar15-stripped-pistol-lower-receiver-black-2.jpg
     

    kcinnick

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    Correction, Aero does sell the Pistol marked lower stripped. Still transfers as other, because it has not yet been built as a pistol or rifle.

    apar149000c-ar15-stripped-pistol-lower-receiver-black-2.jpg

    Makes me want to order one and build it into a rifle.
     

    Magdump

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    Why are you asking? If it’s because you truly don’t see any reason to do so, I’ll give you the common sense reason. If it’s to try to bait me into some legal prove me wrong discussion let me just say that it’s widely known you don’t legally have to designate. I’m gonna leave it right there.
     
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    DAVE_M

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    Why are you asking? If it’s because you truly don’t see any reason to do so, I’ll give you the common sense reason. If it’s to try to bait me into some legal prove me wrong discussion let me just say that it’s widely known you don’t legally have to designate. I’m gonna leave it right there.

    I see no reason to mark it beyond what is legally required.
     

    Bangswitch

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    Why are you asking? If it’s because you truly don’t see any reason to do so, I’ll give you the common sense reason. If it’s to try to bait me into some legal prove me wrong discussion let me just say that it’s widely known you don’t legally have to designate. I’m gonna leave it right there.

    Call me progressive but I like to let my guns transition if they want. Maybe they are non-binary.:mamoru:

    But seriously I don’t see any benefit.
     
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