Man prosecuted for having SBR. It's actually an AR Pistol + Brace.

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  • dudley0

    Nobody Important
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    99   0   0
    Mar 19, 2010
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    Grant County
    Pretty ballsy to use a court appointed attorney for your defense.

    Maybe he was a gun guy, but I would have tried to spring for someone with background in said subject.
     

    jagee

    Grandmaster
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    24   0   0
    Jan 19, 2013
    44,474
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    New Palestine
    Stuff like this makes me glad I went the carbine route. I considered pistol instead of stamp for SBR, but decided against it. If I ever decide to use a shorter barrel I'll go for the stamp.
     

    T.Lex

    Grandmaster
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    15   0   0
    Mar 30, 2011
    25,859
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    Pretty ballsy to use a court appointed attorney for your defense.

    Maybe he was a gun guy, but I would have tried to spring for someone with background in said subject.

    Some public defenders relish in the chance to find any path to acquittal that they can. They'll exhaust a subject until they can figure out what might work. Federal public defenders, in particular, can be VERY good.

    ETA:
    Ah, so here's the attorney:
    https://www.eastmansmith.com/attorneys-Adam-Nightingale

    He was appointed pursuant to the Criminal Justice Act. Private defense attorneys who spend time in the federal courts basically have to put their name on a list to represent indigent defendants. This attorney WAS paid by the government but at a ridiculously low rate for a private attorney. But, the real payoff for a guy like him (again, in my experience) is beating the government. He's still an associate, but he'll probably make partner pretty quickly.
     
    Last edited:

    gglass

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    12   0   0
    Dec 2, 2008
    2,314
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    ELKHART
    I never thought it was a good idea to post a bunch of details about ones "brace" build, then shoot video of it and put it on YouTube, regardless of what one branch of the ATF said.

    Guess I'm just an old, paranoid fuddy-duddy.

    I'm all for hoping that this unsuccessful prosecution puts an end to this nonsense, but all it takes is a crusading prosecutor to say: "sure looks like a stock to me" and a jury dumb enough to agree. Because, it looks for all the world like a stock and about 87.9% of people using them aren't strapping their arms in there.

    I cringe every time I see a YouTube video of people shouldering their braced AR pistols. It seems to me that nonchalantly doing this for the world to see, and by so many will soon cause the ATF to quickly reverse their previous stance on the "occasional", "incidental" or "accidental" shouldering of a braced pistol. It appears that even the YouTube pros just could not wait to get a video posted of shooting a braced pistol against their shoulder, just to prove that it's A OK now.

    I just think that these folks are going to ruin it for everyone.
     
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    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,756
    149
    Valparaiso
    Some public defenders relish in the chance to find any path to acquittal that they can. They'll exhaust a subject until they can figure out what might work. Federal public defenders, in particular, can be VERY good.

    ETA:
    Ah, so here's the attorney:
    https://www.eastmansmith.com/attorneys-Adam-Nightingale

    He was appointed pursuant to the Criminal Justice Act. Private defense attorneys who spend time in the federal courts basically have to put their name on a list to represent indigent defendants. This attorney WAS paid by the government but at a ridiculously low rate for a private attorney. But, the real payoff for a guy like him (again, in my experience) is beating the government. He's still an associate, but he'll probably make partner pretty quickly.

    Yeah, I was going to say that most of court-appointed federal defense attorneys here are the same guys you would be smart to hire if you could pay. It's just a matter of who pays them.
     

    lonehoosier

    Grandmaster
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    28   0   0
    May 3, 2011
    8,012
    63
    NWI
    I cringe every time I see a YouTube video of people shouldering their braced AR pistols. It seems to me that nonchalantly doing this for the world to see, and by so many will quickly cause the ATF to quickly reverse their previous stance on the "occasional", "incidental" or "accidental" shouldering of a braced pistol. It appears that even the YouTube pros just could not wait to get a video posted of shooting a braced pistol against their shoulder, just to prove that it's A OK now.

    I just think that these folks are going to ruin it for everyone.
    Instagram has them all over the place. #sbtactical #sba3
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,756
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    Valparaiso
    How can you have a LOP on something that doesn’t have a stock?

    The instant someone shoulders it, it has a length of pull.

    just%20sayin_zps1rvg1vy0.gif
     

    HoughMade

    Grandmaster
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    0   0   0
    Oct 24, 2012
    35,756
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    Valparaiso
    So you’re changing the definition on how to measure the LOP now to it needs to be measured from your shoulder to the trigger. I think you’re grasping for straws, just like the ATF :D

    Me? I'm not changing anything. I'm crazy enough to think that if it looks like a stock and is used like a stock- it's a stock......but that shouldn't matter.

    One of the defenses in the case at issue was that the 13.5" LOP issue was not widely known. Welp, now that's taken care of.
     

    Floivanus

    Sharpshooter
    Rating - 100%
    2   0   0
    Dec 6, 2016
    613
    28
    La crosse
    Me? I'm not changing anything. I'm crazy enough to think that if it looks like a stock and is used like a stock- it's a stock......but that shouldn't matter.

    One of the defenses in the case at issue was that the 13.5" LOP issue was not widely known. Welp, now that's taken care of.
    Which should be told to the folks running extended buffer tubes to get that extra length.

    I’m curious what happened to the franklin reformation THAT seemed like a better idea than straddling the line between the ATF deciding to allow it and cracking down for no reason
     

    Life Member

    Marksman
    Rating - 96.6%
    28   1   0
    Mar 18, 2010
    151
    28
    Goshen
    Federal government agencies do what they want weather it's legal or not! Take the Trump, Russia collusion operation ,anyone in jail for that? These agents never pay for the crimes they commit against citizens.
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,756
    149
    Valparaiso
    Federal government agencies do what they want weather it's legal or not! Take the Trump, Russia collusion operation ,anyone in jail for that? These agents never pay for the crimes they commit against citizens.

    It’s pretty clear to me that the Russians and Trump are behind the NFA. Damned time travelers.
     
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