Selling AR-15 pistols with a stabilizing brace

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red442joe

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Bad thing is it’s not just a brace they are saying makes it a SBR but the type of sights/ forward grips ect can rule it a SBR without a brace, from what I’ve read in all this f’ing mess

Well under that logic, anyone who owns a regular AR with a stock on it would be suspect. I mean "technically", the stock could be removed from the AR and put onto an AR pistol? But that was ALREADY ILLEGAL...if a brace is now a stock, then they are ALL stocks...you can either own stocks or not.

What this is "really" about is that they wish people could not order the short uppers...but those were deemed "gun parts" so they don't have to go through an FFL to order them...if they "really" wanted to accomplish their goal, they would simply make a short upper have to be the registered PART and require it to go through an FFL to order.

I'm not saying I necessarily want that, but that is what would make more sense to me...owning a stock that can be used on anything that is also legal presents an issue. That is why the bump stock ban just fell...it was a piece of plastic and not part of the fire control. A belt loop could accomplish the same effect.

Before pistol braces were ever invented, people could freely order STOCKS. It becomes a crime if they install a stock onto an AR to create an SBR. But nobody was destroying stocks if they owned an AR pistol?
It doesn't make most sense to have no AFT and their stupidity?

Joe
 

JEVapa

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Just saw this from Pottawatomie Co sheriff.
View attachment 346347
All these letters of no enforcement mean is they aren't gonna do sh*t when the fudds come to shoot your dog and ball you up. That's all that means.

If one of these sheriffs want to impress me, put out a letter that says not only will they not enforce these rules, but they arrest and prosecute any fudd that tries to act on them. Otherwise, these kinds of letters are toilet paper.
 

sh00ter

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Ah! The good old "constructive possession"!

Joe
I think the key there would be more if someone owns/keep a short upper? The brace is a piece of plastic that can be used on any of their 16" rifles if they own them. What if a guy had a braced weapon and then decided to comply with the new rule change and threw away his brace. Well if he owns several STOCKS in his parts bin that were take-offs from OEM non-NFA rifles, then he'd have to throw all those way too if he still had the shorter upper...maybe even including the stocks that are mounted to his 16" rifles. The only way I see to comply with this (if constructive possession is commonplace) is for people to throw away or destroy their short uppers or just the barrels and add a 16" barrel (or just follow the new rules and register the SBR).

To me is seems, constructive possession is more related to having a short upper more so than a brace or stock that can already legally be used on any non-NFA rifle?
 
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I have a question because I have never owned one, when you have a short barrelled rifle and take it hunting/to the range... Do you have to carry paperwork in the event you are checked?
I believe that the only policing agency for NFA items in the ATF. They are the only agency that you are legally required to produce paperwork if asked.
 

sh00ter

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You keep saying something about this hill.
I choose the hill of freedom & revolution.
You must be on the downhill slope of the same hill our alphabet enemies are on.
Lotta non-violent protestors who didn't even trespass are still being tortured in prison and financially ruined. Trump didn't pardon them but still wants their vote LOL.

We are living under marxist paganism now...George Washington doesn't exist in 2023. The ONLY way to oppose is to try and do it through the corrupt system we have. However, it is a hamster wheel because the people we elect do not do not stop the marxist advances and we just keep voting for them. So those saying you should comply are saying it because we don't want to see you have your life ruined...not because we agree with the alphabets.

"Insert elected republican name here" should be on TV right now with 100+ others drafting up grievances and leading the effort to litigate and oppose all of it. And should be willing to be imprisoned like Gandhi or Mandela to stand up for what is right. It must be led from the top and it must be legal and peaceful to be legitimate. The dems are just doing what they do like rabid pitbulls...the repubs are the ones letting them off the leash...who should you be disappointed with most?
 

mightymouse

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Your point 3...."(3) the brace may be permanently removed and disposed of, or altered in such a way that it cannot be reattached...." Is somewhat inaccurate. The removed brace nay be kept, unaltered, if the owner possesses another firearm that the brace can be installed on without violating the new ATF brace rule....ie, other AR has 16"bbl, etc. Removed brace does not have to be installed on the other AR to be retained unaltered.
You are correct in one sense. If the other AR has a barrel 16" or longer, you may keep the brace, and it may even be installed on that gun. I was advising what could be done with the brace if someone retains their short-barreled pistol. Retaining both the brace and the pistol can be construed as constructive possession.
 
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sh00ter

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You are correct in one sense. If the other AR has a barrel 16" or longer, you may keep the brace, and it may even be installed on that gun. I was advising what could be done with the brace if someone retains their short-barreled pistol. Retaining both the brace and the pistol, however, can be construed as constructive possession.
YES, "parts" are legal to buy, but under this new rule, you have no good reason to own a short upper in their view. Any way you slice it, there will be a forced cost on the gun owners who had these things. They will have to spend money just to make their guns legal again if they don't want to register. And that probably includes throwing away an upper that cost them hundreds of dollars so they don't have constructive possession. Either that or maybe they can store the upper at a relative's house separate from any other parts and see what happens in the courts. If I had one, that'sd probably what I'd have done just based on how much I've learned by follwoing this issue outside of this forum.
 

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