DID ATF JUST FLIP FLOP?! MUST KNOW PISTOL BRACE FAQs HERE!

Ex-Prosecutor Tom Grieve gives you the top “gotta knows!” for the pistol brace D day coming up.Show more

From Tom: Guys, my office has been flooded with question. While I think all of the issues that I keep seeing I have addressed separately, I wanted to 1) bring you an update from the ATF (see the video); & 2) make a mega video with all of the FAQs in one place.

Covered:

Can I just take the pistol brace off of the firearm and be fine? (Maybe yes… maybe no… see video)

If I take the brace off of the pistol, do I need to be worried about being prosecuted? (Maybe yes… maybe no… see video)

Can I put a 16" or longer barrel on my pistol & leave the brace on? (Yes, but you still need overall length of 26” or greater & be careful how your jurisdiction takes these measurements)

IF I register the weapon via eform 1: can I unregister the sbr later & convert it back to a "normal" pistol? (Yes)

IF I register the weapon via eform 1: can I switch other uppers? (Yes… BUT see video)

IF I register the weapon via eform 1: what legal problems & traps do I need to know about? (many: travel, sales, “co-dominion” possession, etc)

IF I register the weapon via eform 1: can I use a NFA gun trust? (Most likely no: you will need to eform 1 to yourself as an individual, then form 4 to your trust later upon return of form 1)

Link to video with Interview of attorney suing the ATF & can still STOP the rule:
https://youtu.be/aYh0hdUBME0

Law of Constructive Intent & Constructive Possession:
https://youtu.be/FMLfR62nJHM

Can I possess a pistol & unattached “stabilizing brace”?
An NFA firearm need not be assembled to be regulated as such. Whether a person may be in constructive possession of an NFA firearm depends on the facts of a particular case.

https://www.atf.gov/firearms/qa/can-i-possess-pistol-and-unattached-%E2%80%9Cstabilizing-brace%E2%80%9D

This is where the “rule” lives in the Code of Federal Regulations:
https://regulations.atf.gov/478-11

27 CFR 478.11

Rifle.
A) A weapon designed or redesigned, made or remade, & intended to be fired from the shoulder, & designed or redesigned & made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.

1) For purposes of this definition, the term “designed or redesigned, made or remade, and intended to be fired from the shoulder” shall include a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a “stabilizing brace”) that provides surface area that allows the weapon to be fired from the shoulder, provided other factors, as described in paragraph (2), indicate that the weapon is designed, made, and intended to be fired from the shoulder.

2) When a weapon provides surface area that allows the weapon to be fired from the shoulder, the following factors shall also be considered in determining whether the weapon is designed, made, and intended to be fired from the shoulder:

i.
Whether the weapon has a weight or length consistent with the weight or length of similarly designed rifles;

ii.
Whether the weapon has a length of pull, measured from the center of the trigger to the center of the shoulder stock or other rearward accessory, component or attachment (including an adjustable or telescoping attachment with the ability to lock into various positions along a buffer tube, receiver extension, or other attachment method), that is consistent with similarly designed rifles;

iii.
Whether the weapon is equipped with sights or a scope with eye relief that require the weapon to be fired from the shoulder in order to be used as designed;

iv.
Whether the surface area that allows the weapon to be fired from the shoulder is created by a buffer tube, receiver extension, or any other accessory, component, or other rearward attachment that is necessary for the cycle of operations;

v.
The manufacturer’s direct and indirect marketing and promotional materials indicating the intended use of the weapon; and

vi.
Information demonstrating the likely use of the weapon in the general community.

Legal Disclaimer: nothing in this video is offered as legal advice or a formation of attorney-client relationship. This video is for entertainment and education purposes only and all videos and images shown are used under fair use. If you want to hire my firm to be a client, you need to do just that and hire us... not watch us on the internet. If that offends your delicate sensibilities, just stop and be an adult. If you are outside of Wisconsin and want an attorney, contact one near where you are and stop trying to blame the internet and other people for your problems.

Fair Use: In the rare instance I include someone else’s footage it is covered in Fair Use for Documentary and Educational purposes with intention of driving commentary and allowing freedom of speech.

Attorney Tom Grieve's bio: https://www.grievelaw.com/CriminalDefenseAttorneys/TomGrieve

#2ndamendment #pistolbrace #atf