There's an awful lot of verbal diarrhea floating around the Internet about the ATF's new rule concerning braces fitted to AR-15 pistols. Most of it is uninformed opinion, hyperbole, and conspiracy theory.
To cut through the twaddle, Mike Williamson, author, blogger and meatspace friend, wrote an excellent summary of the situation. You'll find it here, and I highly recommend that you read the whole thing. Here's the executive summary.
So, your options are:
- Register it as a Short Barreled Rifle, under amnesty, for free, and get an NFA stamped form. DOWNSIDE: You must file a Form 20 for permission every time you want to take it out of state. NOTE: No, sticking a rifle barrel on doesn’t make it not an NFA weapon. Once it is on the Registry, it remains an SBR, no matter what barrel you put on it, unless you ask them to remove it from the Registry, and either destroy it or make it not an SBR.
- You can remove the brace. The brace is perfectly legal on any rifle it fits. If you own such a rifle, you now have a rifle accessory, and a pistol with no brace. You may eventually be able to put it back on, if the courts do their job and tell ATF to cut the crap. Or, you can apply for a stamp later if you wish. It will cost $200. It might be worth the wait.
- You can leave it in illegal format. I recommend against this. I especially recommend against beating your, um, chest on social media that “I WILL NOT COMPLY!” Unless you really hate your dog and want ATF to shoot him when they come to arrest you.
- You can destroy the brace (if you’re an idiot) or surrender it to ATF (if you’re a bigger idiot).
- You can destroy the weapon (if you’re a moron) or surrender it to ATF (if you’re a complete retard).
There's more at the link. Read the whole thing. It's worth it.
I'm going to take the braces off my AR pistols, and use them with a plain buffer tube. That will bring me into compliance with the regulation as it stands. I'm considering whether it might not be worthwhile to register one as an SBR, simply to have the convenience of being able to attach a brace if I want to; but I haven't yet made up my mind. YMMV, of course.
There's also the fact that if a recoil-absorbent shoulder piece (e.g. a PAST shield or equivalent) is worn on the body, not attached to the weapon, it still serves the purpose of recoil absorption without needing a brace, and without falling afoul of any regulation at all. If you were to make such a shield using up to an inch of (say) foam pipe insulation (which can be had in sheets as well as in tubes), and strap it on your shoulder, it would function rather well, I think.
Peter
14 comments:
I admit I haven't been following this that closely, because I have purposely avoided getting an AR pistol. I saw this day coming from long ago, based upon the ATF's past actions. With that said, I do remember reading one lawyer's interpretation of the law to warn against the ATF being able to say that even the buffer tube would consistute being a stock, since it can be shouldered. I guess the new rules are written in such a manner that it allows the ATF to define what can be called a stock.
funny I came to same conclusion about modified clothing with some type of padding. not sure how practical that would be for home defense @ say 0300 but its still an option. work around might be a modded plate carrier or vest to throw on with reloads maybe lite armor before grabbing the pistol
It is still possible for the BATFE to consider your buffer tube AR to be an unregistered SBR. If you read the regulation, other things come into play when determining if it is an SBR. For example, you have a plain buffer tube on an AR pistol, but there is a short eye relief scope on that pistol. Since you would have to shoulder the buffer tube in order for that sight to function, it is designed to be fired from the shoulder, and is an SBR. Just one example.
Second, there is a time limit for a form 1 to be approved. The ATF themselves say that, in order to be in compliance with the new rule, the newly defined SBR must be registered (not applied for, registered) within 120 days. Even BEFORE this rule was in place, Form 1's were taking 88 days to process. Now that there will be an estimated 4-40 million potential Form 1's being filed within the grace period, it is unlikely that most people will be successfully registered within that period. In fact, if you haven't already sent off your form 1, you are probably out of luck.
However, you just gave them a Form 1 and a photo of your illegal SBR. Remember that the BATFE has already ruled that your braced firearm is illegal and are granting you a grace period. You just sent them the proof that you have one, and if you don't get your form 1 back with the tax stamp, you just confessed to the crime.
Not conspiracy theory. Fact. Now you can trust the BATFE to not come over for a visit to play with your dog, but I don't trust them at all. Wait for the dust to settle, then just pay the $200. The checks you won't have to write to your attorney or your veterinarian will more than make up for it.
Perhaps another option would be to bury it.
Peter, Take a look at the YouTube videos posted by Demonstrated Concepts using a cheek weld and a smooth buffer tube. It works. You are in my prayers for an excellent surgical outcome.
What Divemedic said, I have read reports that buried in the verbiage is an interpretation that the buffer tube can be considered a shoulder stock. Mcsgearup.com sells a shorty buffer tube kit that would eliminate this possibility. Bought a couple but haven't tried them yet so no endorsement. Combining one of those with a single point around the shoulder might be a workable solution
The ATF rule is an ADA violation.
Does law trump regulation?
Been looking for some short buffer tubes. Apparently everyone else has been too, because they are in short supply. I might take mine off and machine off the notches that retain the "Stock".
I pulled the buffer tube with the TailHook brace this afternoon. I picked up a $60 stubby buffer tube that was tuned for the blowback 9mm bolt this morning.
@Mauser Try Palmetto State Armory. The had one left on the shelf when I was there this morning.
What needs to happen:
A judge issues an injunction, it goes through the courts and and it gets ruled unconstitutional. I guess I'll wait and and if I have to pay 200, I'll do so. I did not NOT know about the form and permission to take it out of state....that sucks.
Another item to consider with respect to registering it as an SBR is inheritance. You cannot transfer an SBR via normal inheritance, so it will have to be surrendered for destruction, held by an FFL with the appropriate licenses after completing a transfer, then transferred back to the new owner after a wait and ATF approval, or you need to put it in a trust.
The adding the longer barrel is indeed a solution. Once you have registered the weapon, as an SBR, then it no longer means anything as he said. But if you have not registered it and it is a pistol, you can indeed add a 16 in barrel and it then becomes a rifle and fully legal. You might as well add a regular butt stock while you're at it.
If you are in California, you have to get rid of it, or at least get it out of state. SBRs are illegal there.
It's worse than that. If you try to register it by sending in pic, print, etc., if they don't process it within 88 days then it's automatically rejected. They now have solid proof of possessing an unregistered SBR. Congrats, you are now an uncharged felon that they can go after at their convenience.
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