New BATF ruling on stabilizing braces today

[JAL]

It doesn't come with a brace attached... in compliance with this "rule".
I'm guessing they are counting on it being the same as if you remove a previously attached brace from a pistol.

Yes. Type of buffer tube doesn't matter.
It can be a "pistol", "carbine", or "rifle" buffer tube . . . as long as there's nothing on it. BATFE already clarified this when deluged with an avalanche of questions about whether they'd claim you can shoulder a buffer tube and therefore it's an SBR.

 

[d.kaufman]

Yes. Type of buffer tube doesn't matter.
It can be a "pistol", "carbine", or "rifle" buffer tube . . . as long as there's nothing on it. BATFE already clarified this when deluged with an avalanche of questions about whether they'd claim you can shoulder a buffer tube and therefore it's an SBR.

For now. You know that'll be the next thing they say is "illegal" If I owned an AR pistol with that style buffer tube, and I gave a flying **** about what the ATF had to say, I'd swap to a smooth or padded tube

 

[Mgderf]

Yes. Type of buffer tube doesn't matter.
It can be a "pistol", "carbine", or "rifle" buffer tube . . . as long as there's nothing on it. BATFE already clarified this when deluged with an avalanche of questions about whether they'd claim you can shoulder a buffer tube and therefore it's an SBR.

For now. You know that'll be the next thing they say is "illegal" If I owned an AR pistol with that style buffer tube, and I gave a flying **** about what the ATF had to say, I'd swap to a smooth or padded tube

I resubmit my go-around, to get around this inane rule.
I want someone to come out with a shooting jacket that has a "socket" built in the shoulder pad...

 

[Mgderf]

Yes. Type of buffer tube doesn't matter.
It can be a "pistol", "carbine", or "rifle" buffer tube . . . as long as there's nothing on it. BATFE already clarified this when deluged with an avalanche of questions about whether they'd claim you can shoulder a buffer tube and therefore it's an SBR.

For now. You know that'll be the next thing they say is "illegal" If I owned an AR pistol with that style buffer tube, and I gave a flying **** about what the ATF had to say, I'd swap to a smooth or padded tube

I resubmit my go-around, to get around this inane rule.
I want someone to come out with a shooting jacket that has a "socket" built in the shoulder pad...

 

[Cameramonkey]

Yes. Type of buffer tube doesn't matter.
It can be a "pistol", "carbine", or "rifle" buffer tube . . . as long as there's nothing on it. BATFE already clarified this when deluged with an avalanche of questions about whether they'd claim you can shoulder a buffer tube and therefore it's an SBR.

Their randomness and cherry picking is maddening. No logic.

 

[KokomoDave]

Their randomness and cherry picking is maddening. No logic.

That is the gooberment for ya!

 

[Mgderf]

That is the gooberment for ya!

Arbitrary capriciousness...

 

[JAL]

For now. You know that'll be the next thing they say is "illegal" If I owned an AR pistol with that style buffer tube, and I gave a flying **** about what the ATF had to say, I'd swap to a smooth or padded tube

For God's sake, do NOT use a padded tube of any kind with any padding anywhere, as that's PROOF of ability and intent to shoulder it by absorbing recoil. The buffer tube MUST be completely nekked -- unless you're currently protected by one of several injunctions. The type of tube doesn't matter.

 

[d.kaufman]

For God's sake, do NOT use a padded tube of any kind with any padding anywhere, as that's PROOF of ability and intent to shoulder it by absorbing recoil. The buffer tube MUST be completely nekked -- unless you're currently protected by one of several injunctions. The type of tube doesn't matter.

First I've heard of this. Can you elaborate on this? Any links that may apply?

 

[Route 45]

 

[nonobaddog]

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[BigRed]

"If it would please the King, I beg permission to exercise my natural rights."

-Thomas Jefferson



Just kidding...That wasn't Jefferson.

 

[Mgderf]

"If it would please the King, I beg permission to exercise my natural rights."

-Thomas Jefferson



Just kidding...That wasn't Jefferson.

"No freeman shall be debarred the use of arms..."
That was Thomas Jefferson

 

[BigRed]

"No freeman shall be debarred the use of arms..."
That was Thomas Jefferson

Indeed.

 

[JAL]

Update on 5th Circuit interlocutory appeal regarding the Emergency Preliminary Injunction:
Oral arguments were heard on June 29th and that's the last minute entry. Nothing has been forthcoming from the 5th Circuit since then. I quit drumming my fingers when others in my vicinity began complaining about the noise.

Update on District Court:
Further action in the District Court is stayed pending resolution of the interlocutory appeal in the 5th Circuit. Next step here is Mock (and FPC) filing a motion for a summary judgement vacating the rule in its entirety. That could be upward of a month after the 5th Circuit is done -- unless someone makes an emergency interlocutory appeal to SCOTUS about the temporary injunction.

The wheels grind on relentlessly, albeit s-l-o-w-l-y.

 

[TWalker]

Can anyone give me laymen terms on if I can have a pistol brace or not? I've found this but I don't know if it's old information or not. Nothing is "Final"

https://www.atf.gov/firearms/docs/undefined/final-rule-2021r-08f-frequently-asked-questions-and-sba-compliance-guide-2/download

I'm assuming our government has failed us again and we have to live with whatever the ATF made up at the time (pistol braces make it an SBR). Just want to double check. I love my dog.

 

[mcapo]

Can anyone give me laymen terms on if I can have a pistol brace or not? I've found this but I don't know if it's old information or not. Nothing is "Final"

https://www.atf.gov/firearms/docs/undefined/final-rule-2021r-08f-frequently-asked-questions-and-sba-compliance-guide-2/download

I'm assuming our government has failed us again and we have to live with whatever the ATF made up at the time (pistol braces make it an SBR). Just want to double check. I love my dog.

We will need more information about what you intend to do and/or use that brace on or with before giving you an answer.

But…putting aside exceptions and injunctions - the incomplete answer is a braced pistol is generally now an SBR and requires the appropriate approval and tax stamp.

 

[Mgderf]

We will need more information about what you intend to do and/or use that brace on or with before giving you an answer.

But…putting aside exceptions and injunctions - the incomplete answer is a braced pistol is generally now an SBR and requires the appropriate approval and tax stamp.

With any luck at all, not for long.

 

[TWalker]

We will need more information about what you intend to do and/or use that brace on or with before giving you an answer.

But…putting aside exceptions and injunctions - the incomplete answer is a braced pistol is generally now an SBR and requires the appropriate approval and tax stamp.

I don't intend to do anything. I want a 10.5 upper and don't want to pay for the stamp. Now I'm going 16" upper.

 

[DadSmith]

I don't intend to do anything. I want a 10.5 upper and don't want to pay for the stamp. Now I'm going 16" upper.

Best thing to do until this is settled in court. If it gets pushed to the SCOTUS I'm feeling confident at this point in time that the current SCOTUS will slap down the ATF, and allow braces to be used again. However, this is going to take some time. So patience is the best to have thing to have right now.

@JAL
Thanks for keeping us updated on this.