ATF change of postion on SIG brace

[ChalupaCabras]

Who didn't see this coming?

The foolish.

Our fudal overlords won't ever willingly allow us serfs to have ready access to anything that closes the power gap. Same reason they kicked the blocks out from under the bump fire stocks (Though I see 'Slide-Fire' is still in buisness... for now), and the bolt on trigger springs that simulate automatic fire. Same reason you can't have DD's or explosives without huge hassle and time investment - Its TOO close to modern military capabilities, and they don't want to loose their advantage.

 

[calcot7]

OMFG..... For something like that you would have to put it on an ATF legal full auto M-16!

Though I totally agree with you, I did get a kick out of this letter:

ATF Clarification - Imgur

 

[yeti rider]

OMFG..... For something like that you would have to put it on an ATF legal full auto M-16!

You couldn't do that without some tactical lube.

 

[magic man]

New letter found on ar15.com.

OPEN LETTER ON THE REDESIGN OF “STABILIZING BRACES”

The Firearms and Ammunition Technology Division (FATD), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has received inquiries from the public concerning the proper use of devices recently marketed as “stabilizing braces.” These devices are described as “a shooter’s aid that is designed to improve the single-handed shooting performance of buffer tube equipped pistols.” The device claims to enhance accuracy and reduce felt recoil when using an AR-style pistol.

These items are intended to improve accuracy by using the operator’s forearm to provide stable support for the AR-type pistol. ATF has previously determined that attaching the brace to a firearm does not alter the classification of the firearm or subject the firearm to National Firearms Act (NFA) control. However, this classification is based upon the use of the device as designed. When the device is redesigned for use as a shoulder stock on a handgun with a rifled barrel under 16 inches in length, the firearm is properly classified as a firearm under the NFA.

The NFA, 26 USCS § 5845, defines “firearm,” in relevant part, as “a shotgun having a barrel or barrels of less than 18 inches in length” and “a rifle having a barrel or barrels of less than 16 inches in length.” That section defines both “rifle” and “shotgun” as “a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder….” (Emphasis added).

Pursuant to the plain language of the statute, ATF and its predecessor agency have long held that a pistol with a barrel less than 16 inches in length and an attached shoulder stock is a NFA “firearm.” For example, inRevenue Ruling 61-45, Luger and Mauser pistols “having a barrel of less than 16 inches in length with an attachable shoulder stock affixed” were each classified as a “short barrel rifle…within the purview of the National Firearms Act.”

In classifying the originally submitted design, ATF considered the objective design of the item as well as the stated purpose of the item. In submitting this device for classification, the designer noted that

The intent of the buffer tube forearm brace is to facilitate one handed firing of the AR15 pistol for those with limited strength or mobility due to a handicap. It also performs the function of sufficiently padding the buffer tube in order to reduce bruising to the forearm while firing with one hand. Sliding and securing the brace onto ones forearm and latching the Velcro straps, distributes the weight of the weapon evenly and assures a snug fit. Therefore, it is no longer necessary to dangerously "muscle" this large pistol during the one handed aiming process, and recoil is dispersed significantly, resulting in more accurate shooting without compromising safety or comfort.

In the classification letter of November 26, 2012, ATF noted that a “shooter would insert his or her forearm into the device while gripping the pistol's handgrip-then tighten the Velcro straps for additional support and retention. Thus configured, the device provides the shooter with additional support of a firearm while it is still held and operated with one hand.” When strapped to the wrist and used as designed, it is clear the device does not allow the firearm to be fired from the shoulder. Therefore, ATF concluded that, pursuant to the information provided, “the device is not designed or intended to fire a weapon from the shoulder.” In making the classification ATF determined that the objective design characteristics of the stabilizing brace supported the stated intent.

ATF hereby confirms that if used as designed—to assist shooters in stabilizing a handgun while shooting with a single hand—the device is not considered a shoulder stock and therefore may be attached to a handgun without making a NFA firearm. However, ATF has received numerous inquiries regarding alternate uses for this device, including use as a shoulder stock. Because the NFA defines both rifle and shotgun to include any “weapon designed or redesigned, made or remade, and intended to be fired from the shoulder,” any person who redesigns a stabilizing brace for use as a shoulder stock makes a NFA firearm when attached to a pistol with a rifled barrel under 16 inches in length or a handgun with a smooth bore under 18 inches in length.

The GCA does not define the term “redesign” and therefore ATF applies the common meaning. “Redesign” is defined as “to alter the appearance or function of.” See e.g. Webster’s II New College Dictionary, Third Ed. (2005). This is not a novel interpretation. For example ATF has previously advised that an individual possesses a destructive device when possessing anti-personnel ammunition with an otherwise unregulated 37/38mm flare launcher. See ATF Ruling 95-3. Further, ATF has advised that even use of an unregulated flare and flare launcher as a weapon results in the making of a NFA weapon. Similarly, ATF has advised that, although otherwise unregulated, the use of certain nail guns as weapons may result in classification as an “any other weapon.”

The pistol stabilizing brace was neither “designed” nor approved to be used as a shoulder stock, and therefore use as a shoulder stock constitutes a “redesign” of the device because a possessor has changed the very function of the item. Any individual letters stating otherwise are contrary to the plain language of the NFA, misapply Federal law, and are hereby revoked. Any person who intends to use a handgun stabilizing brace as a shoulder stock on a pistol (having a rifled barrel under 16 inches in length or a smooth bore firearm with a barrel under 18 inches in length) must first file an ATF Form 1 and pay the applicable tax because the resulting firearm will be subject to all provisions of the NFA.

If you have any questions about the issues addressed in this letter, you may contact the Firearms and Ammunition Technology Division at fire_tech@atf.gov or by phone at (304) 616-4300.

Max M. Kingery

Acting Chief

Firearms Technology Criminal Branch

Firearms and Ammunition Technology Division

 

[Trigger Time]

That's a stretch

 

[Slow Hand]

So, as long as you don't INTEND to shoilder it; you're fine? I guess you just have to yell out "OOPS!" Every time you shoilder it and you're all legal; right? How much of our tax money was wasted on this moronic,unenforceable 'ruling'?

 

[ScouT6a]

So, according to the BATF, if I possess a regulated bottle of whiskey and an unregulated motor vehicle, at the same time, I could be charged with intent of driving under the influence?

 

[M67]

So, according to the BATF, if I possess a regulated bottle of whiskey and an unregulated motor vehicle, at the same time, I could be charged with intent of driving under the influence?

All those lives you put in danger on a daily basis....

 

[Enkrypter]

SBR's need to be taken out of the NFA. PERIOD. but it will never happen... Having SBR's in the NFA is about as dumb as when switch blades were illegal. So maybe there could be hope?

It makes no sense why they would regulate something that in inherently less accurate and still highly un-concealable, yet allow us to conceal highly concealable things with far less paperwork.

 

[bwframe]

SBR's need to be taken out of the NFA. PERIOD. but it will never happen... Having SBR's in the NFA is about as dumb as when switch blades were illegal. So maybe there could be hope?

We have a majority in congress. When are we gonna get busy and start hacking at the NFA?
I say we start with suppressors...


Caleb at Gun Nuts Media seems to think this is bad news too:

Breaking: ATF kills the Sig SB15 brace | Gun Nuts Media

 

[ryan3030]

We have a majority in congress. When are we gonna get busy and start hacking at the NFA?

Who is 'we'? If you think the Republicans are champing at the bit to deregulate firearms you're sorely mistaken. Neither Republicans or Democrats care about liberty any longer, they just care about lining their pockets.

I hate to be so negative about it but NFA/GCA reform isn't going to happen under the current, or near-future, government.

 

[Sheepdog Gear]

Who is 'we'? If you think the Republicans are champing at the bit to deregulate firearms you're sorely mistaken. Neither Republicans or Democrats care about liberty any longer, they just care about lining their pockets.

I hate to be so negative about it but NFA/GCA reform isn't going to happen under the current, or near-future, government.

What he said. Unfortunately.

 

[calcot7]

Has any one seen the article titled "Build A Faux SBR" in the Jan. 20 2015 issue of Shotgun News? Yes I know.....todays date is Jan. 17 2015. Apparently the author or the staff either have not or do not pay much attention to the ATF and their changing B.S. policy. I t will be interesting to see what it written in the upcoming issues. This legality of the Sig Brace just keeps getting grayer and grayer everyday and will continue to do so until someone is actually prosecuted for "Intent."

 

[bwframe]

Who is 'we'? If you think the Republicans are champing at the bit to deregulate firearms you're sorely mistaken. Neither Republicans or Democrats care about liberty any longer, they just care about lining their pockets.

I hate to be so negative about it but NFA/GCA reform isn't going to happen under the current, or near-future, government.

What he said. Unfortunately.

They are accountable to their voters. Maybe you didn't vote them in?

 

[output]

There is no cure for stupid.

 

[tradertator]

Well, I guess neurotic gun owners everywhere can now relax and quit writing the ATF about these, even though they came with a branch letter of approval. Congratulations, this is why we can't have anything nice

 

[M67]

 

[ViperJock]

Well, I guess neurotic gun owners everywhere can now relax and quit writing the ATF about these, even though they came with a branch letter of approval. Congratulations, this is why we can't have anything nice

Stupid gun owners are more detrimental to freedom than the Anti-gun people by a factor of 100.

I also love the defeatist attitude of some of the posts above. /sniffle "those darn republicans!" /sniffle "why don't they do what I want?! If I wasn't to busy crying I'd write a polite letter intelligently expressing my views and my gratitude for their concern, but I'd rather either do nothing or write a barely cohesive castigation filled with hyperbole and my own tears."

whine whine whine. Just like my 9year old, I bet if you put half that effort toward accomplishing something you'd run out of things to whine about.

 

[Beowulf]

While everyone is slamming nervous, letter writing gun owners, you do all realize the original letter (well, the earliest I've heard of) was sent by a Sheriff, who saw a citizen at a range shouldering one.

So, maybe instead of being mad at our fellow gun owners, we should be upset with the jack-boot thugs (to quote Wayne) that are infringing our rights.

 

[gunbunnies]

Sooooo the newest safety rule for going to a firing range is to ask the owner of the gun you are about to try out if it is a registered SBR or a pistol so you don't accidentally commit a crime by shouldering the gun. Interesting.... So we don't commit crimes by ownership of device configurations anymore as we can just commit the crime by intending to use it incorrectly... I guess this is so they can get some more customers in their money making business ventures called prisons...