Breaking News! ATF Says You Can Shoulder Your Arm Brace

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  • knastera

    Just another shooter
    May 6, 2013
    1,484
    Baltimore County
    I can't wait to see the actual letter. I'm building an AR pistol, so if this is correct, I'll use that option.


    Sent from my iPhone using Tapatalk
     

    Elgan

    NRA Endowment Member
    Sep 4, 2012
    383
    Harford County
    If only MD wouldn't put ignorant OAL requirements on SBRs, I'd be happy to pay the $200 tax to have a legitimate PDW (putting my feelings about the NFA aside and working within the laws as they're written currently). As it stands, though, this seems like it might be the ticket for certain builds with certain braces. Like Rack&Roll, though, I fully expect a further clarification letter to be published once Youtube starts getting flooded with videos of people advocating use as a cheap SBR workaround (which it did originally). Firearms puns notwithstanding, I don't know why ATF would want to shoot themselves in the foot regarding tax stamp revenue, either.

    FWIW, I'm all about flexibility regarding firearm and build choice, and would love nothing more for both fed and MD laws to be rewritten in support of opening up the market to those of us who want to get AKs, non-HBAR AR-15s, PDW stocks, sub-29" SBRs, etc.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Well, first of all this could completely be changed with a different dictator, so we need to codify this with actual legislation.

    Second, TTAG is reporting this only applies to this particular manufacturer's brace, not generally (not sure if true). When is an arm brace not an arm brace??
     

    fred333

    Banned
    BANNED!!!
    Dec 20, 2013
    12,340
    As I'm not a lawyer, I may be missing something, but I'm not sure this new letter changes anything. Note this passage from ATF's 21 March 2017 letter:
    "Similarly, an item that functions as a stock if attached to a handgun in a manner that serves the objective purpose of allowing the firearm to be fired from the shoulder may result in "making" a short-barreled rifle, even if the attachment is not permanent....The fact that the item may allow, or even be intended by its manufacturer for other lawful purposes, does not affect the NFA analysis." —Marvin G. Richardson, Assistant Director, ATF

    As I read it, ATF continues to play word games, leaving the door open for [subjective] interpretation. Until/unless ATF publishes a letter stating clearly and unequivocally that the shouldering of an approved "arm-brace" is legal, does not [in any way] constitute [or infer] the "making" or "redesign" of a firearm nor cause the firearm to fall under the guidelines of the NFA, I'm not sure I'd be popping the cork on any bubbly..
     

    freebird

    Banned
    BANNED!!!
    Jan 11, 2013
    336
    As I'm not a lawyer, I may be missing something, but I'm not sure this new letter changes anything. Note this passage from ATF's 21 March 2017 letter:
    "Similarly, an item that functions as a stock if attached to a handgun in a manner that serves the objective purpose of allowing the firearm to be fired from the shoulder may result in "making" a short-barreled rifle, even if the attachment is not permanent....The fact that the item may allow, or even be intended by its manufacturer for other lawful purposes, does not affect the NFA analysis." —Marvin G. Richardson, Assistant Director, ATF

    As I read it, ATF continues to play word games, leaving the door open for [subjective] interpretation. Until/unless ATF publishes a letter stating clearly and unequivocally that the shouldering of an approved "arm-brace" is legal, does not [in any way] constitute [or infer] the "making" or "redesign" of a firearm nor cause the firearm to fall under the guidelines of the NFA, I'm not sure I'd be popping the cork on any bubbly..

    I'm not keeping up on the details of this, but am certainly interested. Specific to your concern, isn't the part of the letter you're pointing out specific to "..an item that functions as a stock if attached to a handgun...", which is NOT what a brace is??

    In short;
    Attach a functioning stock to handgun, BAD.
    Attach a brace to a handgun, OK.
    Attach a brace to a handgun and shoulder it, under SOME/MANY conditions, (now) OK .
     

    iH8DemLibz

    When All Else Fails.
    Apr 1, 2013
    25,396
    Libtardistan
    Soooo, does this now semi-legal shouldering device attach to a standard mil-spec carbine buffer tube?

    My stripped DPMS upper wants to know.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,106
    Soooo, does this now semi-legal shouldering device attach to a standard mil-spec carbine buffer tube?

    My stripped DPMS upper wants to know.

    It comes with one. It would fit over most, but the design will only work on their buffer tube due to a threaded portion on the tube.

    Standard buffers and springs as well as BCG(including 9mm) all fit the PDW brace.
     

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