SECOND INJUNCTION on Pistol Brace Rule: But there IS A Catch! Second Amendment Foundation v ATF
NEW UPDATE! May 25th, 2023!
Ex-Prosecutor Tom Grieve gives you the top “gotta knows!” for the pistol brace D day coming up.
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 DID ATF JUST FLIP FLOP?! MUST KNOW PISTOL BRACE FAQs HERE!
https://youtu.be/qfowaHnt3ks
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.
This is where the “rule” lives in the Code of Federal Regulations:
https://regulations.atf.gov/478-11
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
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